Recent Articles

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  17/04/2024

  Germany

  Impact of the CJEU's Schufa judgment on the use of AI in HR

  This article examines the extent to which the CJEU's Schufa judgment is an obstacle to the use of artificial intelligence (AI) in the HR sector.More and more companies are using AI systems in HR. A key data protection provision in this context is Article 22 (1) GDPR. According to this provision, every person has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her. On 7 December 2023, the CJEU caused commotion in the media with its Schufa judgment (European...

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  17/04/2024

  Scotland

  Bioenergy in Scotland – Scottish Government’s Draft Policy Statement focusses on sustainability and resilience

  IntroductionThe Scottish Government (“SG”) has launched a consultation on its draft Bioenergy Policy (the “SG Bioenergy Policy”), with responses to be submitted by 12th June 2024. This article provides a brief overview of the SG Bioenergy Policy’s main features and how it compares with its counterpart, the “Biomass Policy Statement” which was published by the UK Government in November 2021, subsequently laying the foundation for the Biomass Strategy released in 2023.BackgroundThe draft SG Bioenergy Policy sets out the role SG envisages bioenergy playing...

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  17/04/2024

  England and Wales

  AI-driven enforcement comes of age in UK with AI systems reshaping advertising and regulation and enforcement – ASA’s 2023 Annual Report

  The UK’s Advertising Standards Authority (ASA) has published its 2023 annual report, describing 2023 as a watershed year for its digital strategy.Together, the ASA and the Committee of Advertising Practice (CAP) secured the amendment or withdrawal of 27,378 ads in 2023, a remarkable 92% of which resulting from proactive work largely powered by the ASA’s Active Ad Monitoring System. In December 2022, the ASA ran 20,000 ads through the system, which rose to over 600,000 ads per month by the end of 2023. This system forms a key part of the ASA’s 2024 to 2028 strategy on AI-assisted...

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  17/04/2024

  Europe

  CMS data protection update (04/2024)

  I. The latest from the data protection authorities and current topics1. EDPB: Launch of coordinated enforcement on the right of accessThe European Data Protection Board (EDPB) selected the right of access under Article 15 GDPR as the focus of the third coordinated enforcement action of the data protection authorities. Coordinated enforcement has now begun and aims to help assess how the right of access is implemented in practice and to what extent adjustments or clarifications are needed in the EDPB's Guidelines on this topic. Last year’s results of the coordinated enforcement action on the...

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  17/04/2024

  United Kingdom

  APP fraud – Quincecare duty claims against banks replaced by new “retrieval duty” claims

  The recent decision in CCP Graduate School Ltd v National Westminster Bank plc and another [2024] EWHC 581 (KB), demonstrates how Claimants are repositioning claims against banks arising from authorised push payment (APP) fraud from breach of Quincecare duty claims to so-called “retrieval duty” claims.To date, the Courts have been reluctant to strike out such claims on a summary basis allowing them to proceed to trial. It is therefore likely that claimants will continue to frame claims against banks on this basis until the Courts determine the substantive merits of such claims.APP fraud...

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  17/04/2024

  Hungary

  Hungary proposes widening scope of financial entities under DORA Regulation

  On 10 April 2024, the Hungarian Parliament adopted a new law on the detailed rules implementing the DORA Regulation – Regulation (EU) 2022/2554 of the European Parliament and of the Council of 14 December 2022 on digital operational resilience for the financial sector (Digital Operational Resilience Act – DORA). The following article summarises the main differences between the scope of DORA and the Implementing Law.Scope of DORA in generalDORA lays down uniform requirements concerning the security of network and information systems supporting the business processes of financial entities...

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