Brendan Van Alsenoy’s Post

Draft law on access to information criticized by Armenian CSOs. Overregulation of the field might negatively affect the access to information in practice. #CSOMeter 2023 report has outlined a number of challenges to access to information. Learn more #CSOMeter website 👉 https://lnkd.in/gB5BFWvs

The fourth episode of our 'What every Life Sciences lawyer needs (Commercial Contracts)' video series is now live. In this episode, Kurt Davies and James Clark discuss key considerations when drafting data clauses, including definition of GDPR; the three primary relationships between data processor and data controller; international transfers of personal data; and pseudonymisation and anonymisation. Click below to watch: https://lnkd.in/dFCmSQSC #lifesciences #dataclauses #datatransfers DLA Piper Life Sciences Sector, Bruna B. Rocha, Juliana Marcondes De Souza, Victoria Cristofaro Martins Leite

📣 The third and final phase of Québec's Law 25 comes into effect as of September 22, 2024. Explore the key concepts of the right to data portability 👉 https://gowlg.co/4aMXhS7 Authors: Antoine Guilmain and Nawal Sassi | #Law25 #DataPortability

What are the key findings and future recommendations from the "Study on the legal protection of trade secrets in the context of the data economy" published by the European Commission? Check out latest CMS Law-Now article by Rogier de Vrey. Click the link in the comments to read more ⬇ #CMSlaw #tradesecrets #dataeconomy

Obviously there will be a lot of discussion about yesterday's CJEU judgment in the case of Natsionalna agentsia za prihodite. The notion of the Court that "fear that personal data will be misused" can be a non-material damage will likely lead to a "gold rush" movement of ambulance-chaser lawyers, who will undoubtedly attract a lot of persons who think they can make easy money. It is therefore important to highlight a few things that will likely be overlooked by many, but that will be decisive in the long run. 1) The CJEU did not say that fear *is* a non-material damage in the meaning of Article 82(1) GDPR. The Court said that such fear is *capabable* of constituting a non-material damage. In other words: The national courts still have to assess whether such a fear is a damage in the specific case. 2) In light of the above, paragraph 85 of the judgment is of utmost importance. It is added almost like an afterthought to the judgment, but I expect that the national courts will use this paragraph to shoot down the many 'gold rush' claimants. Why is that so? Because paragraph 85 says that the national courts must "verify that that fear can be regarded as well founded, in the specific circumstances at issue and with regard to the data subject". In other words: A "fear" of misuse of personal data is *not* a non-material damage if it is not "well-founded" and verified (i.e., proven by the data subject). Happy to discuss. https://lnkd.in/eBkbJkYg

Much requested, a long time in the making and finally here: The new open-access book #Europes_New_Whistleblowing_Laws is now available via the following DOI link: https://lnkd.in/eqh8KKGM. In it, you'll find a collection of research papers by some of the most renowned experts on European Whistleblowing Law and the transposition of the EU Whistleblowing Directive. - Ever wondered about legal consequences of #non_transposition of EU Directives, more specifically the much-delayed transposition of the Whistleblowing Directive? - #Ninon_Colneric will tell you all you need to know (pp. 9 et seq.). - Wanna know more about the evolution and implementation of Whistleblower Protection in #Sweden with its long-standing constitutional whistleblowing law? - #Katarina_Fast_Lappalainen has got you covered (pp. 25 et seq.). - How did the transposition of the Directive go in #Luxembourg, home of the LuxLeaks scandal? - Just ask #Dimitrios_Kafteranis (pp. 63 et seq.) - Did #Ireland manage to integrate the new requirements into its already existing Protected Disclosures framework? - No one better to answer this question than #Lauren_Kierans (pp. 73 ff.). - What about the new legal status of "Lanceurs d'alerte" in France? - #Christina_Koumpli will tell you all you need to know (pp. 95 et seq.). - How did #Poland react to the new rules against the backdrop of the country's history in the 20th century? That's for #Marta_Kozak_Maśnicka to explain (pp. 123 ff.). - Finally: What's the future relationship between the Whistleblowig Directive and the second pillar of whistleblower protection in Europe, the case law of the #European_Court_of_Human_Rights? Well, there are some things to be said about this as well (pp. 135 ff.).

Recently, our office in North Macedonia, in cooperation with the Macedonian Association of Corporate Lawyers / Македонска асоцијација на корпоративни правници, hosted a conference titled "#Data as a Key Asset in the Digital Era". This inaugural event showcased the concerted efforts of our legal team to offer valuable insights into navigating digital data within legal frameworks, fostering discussions on pertinent legal topics and promoting collaboration among in-house legal professionals.   Our experts Andrea Lazarevska, Margareta Taseva Krsteska, Filip Srbinoski and Filip Zafirovski delved into essential subjects for corporate lawyers, covering #employment, intellectual property, #competition and M&A, while also providing practical strategies for contractual protection and civil and criminal litigation. As the legal landscape continues to evolve with technological advancements, staying informed about innovations and developments is crucial. We anticipate future opportunities to share knowledge and network with industry peers! #digitaldata #MA #litigation #IP

🚀 Are you already familiar with the Commission's Annual Rule of Law Report? ⚖ The Report assesses the state of judicial independence, the anti-corruption framework, media freedom and other institutional checks and balances in the 27 EU Member States. It also contains recommendations on how to improve the rule of law situation in each country. Our researcher Gisela Hernández 🙋♀️participated in the 3rd re:constitution Fellow's meeting in Madrid (organised in collaboration with Hay Derecho) last week. She discussed with the participants how the methodology of the report can be strengthened in terms of more robustness, transparency and legitimacy. Key takesaway included🖊 : 1. improving the quality of data used for the assessment by developing specific qualitative and quantitative indicators 2. reviewing all indicators in each country chapter 3. justifying the legitimacy of the sources used 4. increased focus on independent authorities 5. more precise recommendations 6. stronger linkage of the report with the rest of the enforcement toolbox 7. further use of the report as a tool to promote a RoL culture among EU citizens Are you curious about the methodology of the Report and some of the recommendations that could potentially lead to a more robust methodology? ⬇📝 : https://lnkd.in/eTx4cF_f https://lnkd.in/eGSxx4eN

Good news from #Armenia 🇦🇲 ! After criticism from #CSOs, the government put forth 🆕 draft law on public information.The law will serve as a basis of implementing open data policy, and in particular, enable public oversight over the performance of state and local self-government bodies. While there are still some concerns, CSOs expect the law to ultimately improve access to information. Find out more in this #CSOMeter update via Law Development and Protection Foundation and Transparency International Anticorruption Center (TIAC):

How is data protection regulated in Bulgaria, what national variations from the GDPR apply, what are the main guidelines by the Bulgarian supervisory authority? – find the answers to those questions in the article prepared by Miglena Micheva - Senior Managing Associate and Irena Koleva – Senior Associate, Deloitte Legal. The material contributed to One Trust Data Guidance - centralized regulatory research platform built by a network of in-house researchers, hundreds of legal experts, and translators. Learn more on 👉 https://deloi.tt/44kPVlv.