Leonardo Cervera-Navas

Dutch DPA tackles algorithmic discrimination The scandal of 2023 highlighted a serious issue of algorithmic discrimination within government organizations in the Netherlands. In response to these challenges, the Data Protection Authority (AP) became the coordinating supervisor for algorithms and artificial intelligence starting January 2023. AP's collaboration with the European Data Protection Board (EDPB) is crucial for effective oversight, especially concerning major tech companies like TikTok. However, issues arise due to the hiring of private investigative firms to address confidentiality matters, leading to duplication and inefficiency. Increasing AP's budget is recommended to enhance oversight and protect personal data rights more effectively. This will enable a more robust fight against algorithmic discrimination and underscores the importance of regulatory bodies like AP in safeguarding citizens' rights in the digital age. Fighting algorithmic discrimination is key to protecting our rights in the digital world! Source: https://lnkd.in/exGAVZPE #algorythm #Holland #discrimination #EDRB #digitalspace #avitar #data_protection

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The law establishing a framework for the cybersecurity of network and information systems of general importance for public safety (the NIS 2 Act) was published in the Belgian State Gazette on 17 May 2024. The NIS 2 Act requires certain essential and important entities to take appropriate measures to enhance their cybersecurity and provides for reporting obligations, strict penalties, and director liability.   👉 Find out more in this article written by Matthias Vandamme from our Silver Partner, Claeys & Engels: https://lnkd.in/e-JRdd3b

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📢 𝙍𝙚𝙖𝙙 𝙤𝙪𝙧 𝙡𝙖𝙩𝙚𝙨𝙩 𝙬𝙚𝙚𝙠𝙡𝙮 𝙝𝙞𝙜𝙝𝙡𝙞𝙜𝙝𝙩 𝙤𝙣 𝙘𝙤𝙢𝙥𝙡𝙞𝙖𝙣𝙘𝙚, 𝙗𝙖𝙣𝙠𝙞𝙣𝙜 𝙖𝙣𝙙 𝙛𝙞𝙣𝙖𝙣𝙘𝙚-𝙧𝙚𝙡𝙖𝙩𝙚𝙙 𝙪𝙥𝙙𝙖𝙩𝙚𝙨: The law of 26 April 2024 implementing a framework for the cybersecurity of networks and information systems of general interest for the public safety transposes Directive (EU) 2022/2555 also known as the “NIS 2 Directive” or “NIS 2”, into Belgian law. This directive aims to enhance cybersecurity across the EU by ensuring that: 1. National governments prioritize cybersecurity. 2. European cybersecurity authorities strengthen their cooperation. 3. Key operators in essential industries implement security measures and report incidents. Unlike its predecessor, NIS 2 does not involve local authorities notifying entities of their obligations; instead, entities must self-assess based on industry and size criteria. The directive includes credit institutions but allows other financial institutions to follow equivalent regulatory frameworks if they provide the same level of protection. This law enters into force on 18 October 2024. 𝙒𝙖𝙣𝙩 𝙩𝙤 𝙠𝙣𝙤𝙬 𝙢𝙤𝙧𝙚? 𝘾𝙤𝙣𝙩𝙖𝙘𝙩 𝙪𝙨 𝙛𝙤𝙧 𝙖 𝙢𝙤𝙧𝙚𝙙𝙚𝙩𝙖𝙞𝙡𝙚𝙙 𝙖𝙣𝙖𝙡𝙮𝙨𝙞𝙨 𝙤𝙧 𝙩𝙤 𝙜𝙖𝙞𝙣 𝙖𝙘𝙘𝙚𝙨𝙨 𝙩𝙤 𝙤𝙪𝙧 𝙛𝙪𝙡𝙡𝙍𝙚𝙜𝙪𝙡𝙖𝙩𝙤𝙧𝙮 𝙒𝙖𝙩𝙘𝙝.

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📢 The European Commission is urging 18 Member States, including Belgium 🇧🇪, Germany 🇩🇪, France 🇫🇷, and Italy 🇮🇹, to comply with the EU Data Governance Act. These states have either not designated responsible authorities or haven't empowered them properly. The Act, effective since 24 September 2023, enhances data sharing and trust across the EU. Member States have 2 months to address these issues or face further action. Let's foster a trustworthy data-sharing environment in the EU! 🌐📊 Found out more: 👉 https://lnkd.in/esRuWzJi #DataGovernance #EU #DataSharing #DigitalTransformation #EuropeanCommission European Innovation Council and SMEs Executive Agency (EISMEA) European Commission

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Meet Cédric NEDELEC, Data Protection Officer at PwC Luxembourg explaining why he decided to apply for Europrivacy, the European Data Protection Seal under GDPR. PwC Luxembourg has received the first official European Data Protection Seal in a ceremony at the Privacy Symposium conference in Venice. A Europrivacy certificate is delivered under Art. 43 GDPR and becomes valid once it has been registered in the official registry of Europrivacy certificates managed by the European Centre for Certification and Privacy. This enables anybody to check and authenticate valid certificates. As stated in Art. 42 GDPR, Europrivacy enables companies to demonstrate their compliance with the GDPR. Europrivacy provides an efficient mechanism to check, document, certify, demonstrate, value and enjoy compliance. Moreover, certification is the only mechanism that ensures effective compliance through yearly audits of conformity by independent experts. While several companies are in the process of certifying their data processing activities, we say kudos to PwC Luxembourg for front running the adoption of this new mechanism. 👤 Interview of PwC Luxembourg DPO, Cédric Nédélec: https://lnkd.in/etUQfdCC   Building trust and confidence.    More information:  🌐 Visit https://europrivacy.com  🎓 Europrivacy Online Academy: https://lnkd.in/eS_yZErZ 👥 Europrivacy Community and Resources website: https://lnkd.in/eBZKMAuX 📃 PwC Press Release: https://lnkd.in/e2QYgcuy   Follow us ➡️ https://lnkd.in/eKmfUawA

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💡💡💡 #competition #regulation #Belgium What about merging regulators in Belgium? The Federal Parliament raised the idea in March and asked regulators to ponder on it. Two of them have issued an opinion. ✅ The Belgian Competition Authority (BCA) believes that it "could be appropriate" to merge with other regulators, including the postal and telecommunications regulator (BIPT) "at least as far as [its] competition-related tasks are concerned". ⛔ But the BIPT is not enthusiastic about this idea: "such a merger only makes sense if there are real synergies [...]. However, this has not been demonstrated and, on the contrary, appears to us to be unfounded". ➡ Both perspectives exist outside Belgium: Spain is currently considering the separation of previously merged regulators whereas the Dutch ACM is in charge of both competition and sector regulation. 📄 BCA opinion included below, BIPT opinion available on its website (both documents are also available in Dutch). https://lnkd.in/ehkXjF8R

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Important reading:

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𝐂𝐲𝐛𝐞𝐫𝐬𝐞𝐜𝐮𝐫𝐢𝐭𝐲: 𝐩𝐮𝐛𝐥𝐢𝐜𝐚𝐭𝐢𝐨𝐧 𝐨𝐟 𝐭𝐡𝐞 𝐭𝐡𝐞 𝐁𝐞𝐥𝐠𝐢𝐚𝐧 𝐍𝐈𝐒 𝟐 𝐀𝐜𝐭 Today, the Belgian NIS 2 Act has been published in the Belgian Official Gazette with an entry into force on the 18th of October 2024. This act transposes the EU Directive 2022/2555 on measures for a high common level of cybersecurity (i.e., the NIS 2 Directive), and replaces the Belgian NIS 1 Act. It is of significant importance for employers to be aware that the NIS 2 Act has a much broader scope than its predecessor. For example, it expands the sectors covered by the act. In addition, it also imposes the obligation to implement certain minimum cybersecurity risk management measures. Members of the governing bodies in so-called ‘essential and important’ entities will be obligated to undergo cybersecurity training so that they may understand the measures they are adopting. Furthermore, the act requires the reporting of incidents to the competent national authority. In Belgium, this is the Centre for Cybersecurity Belgium. Failure to comply may result in administrative fines of up to 10,000,000 EUR or 2% of the total annual worldwide revenue, whichever is higher. In addition, natural persons representing essential entities may be held liable for failure to comply. At Claeys & Engels, we monitor these developments closely and are happy to assist you in preparing to meet the obligations set out in the NIS 2 Act. #claeysengels #cybersecurity #NIS2Act

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📢 📢 Would you like to get acquainted with the upcoming EU AI Act implementation and compliance milestones? Well.. look no further, this timeline is for you! 🤖

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⚠ Digital Services Act updates. The European Commission launched today a new investigation into potential risks to safety of minors using Meta's services Facebook and Instagram. The investigation is set to focus on 3️⃣ key areas: 📌 Assessing whether the platforms' designs exploit vulnerabilities of minors, leading to addictive behaviour or intensifying the 'rabbit hole' effect. 📌 Evaluating the effectiveness of mitigation strategies, including age-verification tools. 📌 Examining the adequacy of measures to ensure privacy and security for minors. 💬 Join our community to stay up to date with all the regulatory and enforcements developments: https://lnkd.in/eT7C9vCc #DSA #EuropeanCommission #MinorSafety

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The EU's general data protection regulation has now been in force for 6 years❗ Technology moves rapidly & #GDPR forms the basis of #DataProtection, with safeguards also for: #ArtificialIntelligence 👩‍💻facial recognition 🔒sensitive personal data More 👇 https://europa.eu/!6bmX7r #cybersecurity #datasecurity #privacy #security #technology #informationsecurity #dataprivacy

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The European Data Protection Board has published its report on the 2023 Coordinated Enforcement Framework, which examines the current landscape and obstacles faced by data protection officers across the EU. Daniel Cooper and Anna Sophia Oberschelp de Meneses summarize the key findings: https://okt.to/Pts7Cz #DataProtection

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🔍 Latest guidelines from the European Data Protection Board (EDPB) on the application of Article 37 of the Law Enforcement Directive! The EDPB has released new guidelines aimed at ensuring compliance with data protection standards in law enforcement activities. These guidelines provide essential insights and practical recommendations for organizations and authorities handling personal data in the context of law enforcement. #DataProtection #LawEnforcement #EDPB #Compliance #GDPR #Privacy #LegalGuidance https://lnkd.in/eeCiAUG2

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Step in the right direction for sure. Addictive app designs, such as endless scrolling, video autoplay, and persuasive algorithms, pose significant risks to users. These features create a digital environment that encourages prolonged engagement often at the expense of users' well-being.

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Exculpation à la Belgique In a recent decision, the Belgian #Data #Protection #Authority (Autorité de protection des données, #APD) emphasizes the support obligations of the #controller towards its data protection officer (#DPO). At the same time, it makes it clear that if the controller does not meet these obligations, the data protection officer is consequently unable to fully fulfill his or her tasks and there are data protection breaches as a result, the controller cannot exculpate himself or herself by referring to corresponding omissions on the part of his or her DPO. 👏 The Belgian supervisory authority has clearly made it clear to controllers that it is not enough to simply have a DPO on paper. The DPO must be supported and equipped in accordance with the requirements of the #GDPR. It is therefore not the external appearance but the actual situation that counts. ❓ A good judgment for all DPOs. I just don't understand why this type of litigation still has to be conducted. Surely controllers should be aware by now of the requirements that need to be met under the GDPR? https://lnkd.in/ewQhwebn

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🚀 Today, on 25th of June 2024, the European Commission announced the publication of Regulatory Technical Standards (RTS) under DORA in the EU official Journal. No objections were raised during the scrutiny phase by the European Parliament or the Council for the adoption of these acts. The three RTSs, effective from 15 July 2024, cover: - RTS on criteria for the classification of ICT-related incidents and cyber threats, setting out materiality thresholds and specifying the details of reports of major incidents - RTS on detailed content of the policy regarding contractual arrangements on the use of ICT services supporting critical or important functions provided by ICT third-party service providers - RTS on ICT risk management tools, methods, processes, and policies and the simplified ICT risk management framework Stay tuned for more updates ☘ . #DORA #Resilience #RTS #EYLuxembourg

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A few weeks ago, the Directive on measures for a high common level of cybersecurity across the Union (NIS2 Directive) was transposed into Belgian legislation. The Belgian NIS2 law will enter into force on 18 October 2024. If you need guidance on whether your organization falls under the scope of this law or on specific obligations applicable to your organisation, feel free to contact us. #NIS2 #cybersecurity #Belgianlaw

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