AI and GDPR Monthly update

October 8, 2024

Welcome to the first edition of our AI & GDPR Monthly update bringing you the latest developments at the intersection of artificial intelligence and data protection.

We explore emerging legal frameworks, compliance challenges, and cutting-edge case studies that impact how organizations navigate AI technologies. Stay informed with our AI & GDPR insights.

EU: AI Act & AI Liability Directive

AI Act: On 1 August 2024, AI Act, a complex EU regulation on artificial intelligence, entered into force. In less than 5 months, certain AI systems will be prohibited in the EU! Read more

In June and September, first meetings of the AI Office and AI Board established by the AI Act took place. Read more and Read more

AI Liability Directive: On 29 September 2022, new draft AI Liability Directive was proposed by the EU Commission. Read more and Read more

On 19 September 2024, complementary impact assessment of AI Liability Directive was published. Read more

AI & GDPR case law

Dutch Supervisory Authority imposed a fine of 30.5 million EUR on Clearview A because of illegal data collection for facial recognition. The Dutch DPA warns that using the services of Clearview is also prohibited. Read more

French Supervisory Authority imposed a fine of 20 million EUR on Clearview A because of illegal data collection for facial recognition. Read more

AI Guidances and DPA opinions

French Data Protection Authority (CNIL) published its guidance on How to Deploy Generative AI: CNIL Provides Initial Clarifications Read more

French Data Protection Authority (CNIL) published its recommendation on the legal basis of legitimate interests to develop an AI system. Read more

The European Data Protection Board has adopted statement on data protection authorities' role in the Artificial Intelligence Act framework. Read more

The European Data Protection Supervisor published its EDPS Orientations for EUIs using Generative AI. Read more

Belgian DPA publishes guidelines on AI and data protection: Artificial Intelligence Systems and the GDPR A Data Protection Perspective. Read more

Dutch DPA published its guidance on web scraping. Read more

AI-IP related updates

German court dismissed AI copyright lawsuit against LAION for using images to train AI referring to the TDM exception for scientific purposes. Read more

The UK's Court of Appeal has upheld the UKIPO's appeal and ruled that the artificial neural network in the invention is considered to be a computer program. Because of the lack of technical contribution, it was not patentable. Read more

Anthropic AI , developer of large language model called Claude, published its recommendation for placing "ClaudeBot" to the user-agent line of Robots.txt Read more

Market updates

LinkedIn suspended training for generative AI on member data from the European Economic Area, Switzerland, and the United Kingdom. Read more

Microsoft published Generative AI Services Code of Conduct applicable to its customers using the Microsoft Generative AI Services. Read more

SAP chief warns EU against over-regulating artificial intelligence. Read more

EU Commission coordinates action by national consumer protection authorities under the CPC Network in connection with 'pay or consent' model. Read more

Big GDPR Friday 4.10.2024

An apology may constitute adequate compensation for non-material damage under GDPR. Read more

Financial interests of the controller can be considered a legitimate interest for the processing of personal data. Such interest is not required to be determined or anticipated by law, but it must be lawful. Read more

Loss of control over personal data for a limited period of time due to online publication of data in the commercial register may establish the right to compensation for non-material damage. Read more

Invitations and Dentons events related to AI

Visit our presentation on Legal aspects of AI on 19.10.2024 at 5 pm within the event AI 4 ALL in Prague (part of Dny AI). Read more

Visit our presentation on IP Infringements by AI on 7.11.2024 9 am - 1 pm within the event organized by the Czech Ministry of Trade and Commerce . Read more

Dentons resources

Checkout our Dentons - Roadmap of new and upcoming EU TMT regulations
Checkout our Dentons - AI: Global Solutions Hub

For more information, please do not hesitate to contact our TMT team!

Download the update here.