Brought to you by Matheson's Digital Economy Group ("DEG"), this latest edition focuses on trends in relation to data breach notifications as well as highlighting the key enforcement themes coming out of Data Protection Commission ("DPC") regulatory inquiries. It also looks at a recent significant judgement by the Court of Justice of the European Union ("CJEU") with regards to the 'Right to be Forgotten' and highlights the major changes in Irish media regulation. Looking ahead then, this update takes a closer look at what is on the horizon for NFTs in 2023 and outline the top three key trends to look out for in the AI space this year. Outlined below is a summary of the key insights included in this bulletin. To read more about the trends and developments you can access the full Bulletin here.
Data Breach Notifications – Capsule Update
2022 was a record year for GDPR fines across Europe, with reported fines exceeding €1.6bn. That said, there is evidence of data breach reporting numbers levelling off. Deirdre Crowley, Partner, examines why and shares predictions on data breach reporting for the year ahead.
GDPR Regulatory Inquiries – Key Enforcement Trends
Targeted behavioural advertising, processing children's data, use of AI technologies and effective data governance are key legal issues attracting supervisory authorities attention across the EEA, the UK, Norway, Iceland and Liechtenstein. Deirdre Crowley, Partner, assesses key enforcement trends and offers predictions for 2023.
Recent Judgement: Right to be Forgotten
In the recent case of TU, RE v Google, the CJEU ruled that data subjects may seek removal of manifestly inaccurate material from search engine results in accordance with the established 'right to be forgotten' arising under the General Data Protection Regulation ("GDPR"). The CJEU first recognised the right of data subjects to seek the removal of outdated, irrelevant or no-longer-relevant information from search results in the Google Spain case in 2014. The right was subsequently codified in Article 17 of the GPDR4. Michael Byrne, Partner, explores the implications of this significant judgment by the CJEU.
Major Changes to Irish Media Regulation
The Online Safety and Media Regulation Act 2022 (the "OSMR Act") was signed into law on 10 December 2022 by President Michael D. Higgins. The OSMR Act has been described as a crucial piece of legislation which aims to modernise the regulation of the media ecosystem in Ireland. Its introduction brings about a complete overhaul of its predecessor legislation, the Broadcasting Act 2009 and will have very significant consequences for the Irish media industry (including online and social media). Michael Byrne, Partner, explores this legislation which aims to modernise the regulation of the media ecosystem in Ireland.
Responding to Data Subject Access Requests – Legal Certainty Ahead?
When receiving data subject access requests ("DSARs"), companies face various legal uncertainties, which have contributed to such requests constituting the largest category of complaints made annually by data subjects to the Irish DPC. The DPC warned in its last Annual Report that it will be increasing its enforcement in this area. Davinia Brennan, Partner, discusses the DPC Guidelines on DSARs and looks at some recent findings of the CJEU.
What's Next for NFTs in 2023?
After a turbulent year, the market for non-fungible tokens and digital assets in 2023 is expected to see a period of stabilisation as regulation increases and enthusiasm cools, putting an end to its "Wild West" attribute. Rory O'Keeffe, Partner, looks at what business and legal experts will be focusing on when it comes to NFT's in 2023.
Three Top Trends for AI in 2023
This year's World Economic Forum meeting at Davos applauded the growth in artificial intelligence, particularly Generative AI. Against the backdrop of the world's biggest challenges, reports from Davos suggest world leaders and business executives are cautiously optimistic for 2023. Investment decisions appear to point to digital transformation projects – "investing in AI, with care". Rory O'Keeffe, Partner, outlines the top three key trends to look out for in the AI space this year.