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Processing Personal Data in the Context of AI Models: EDPB’s Opinion 28/2024

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Keywords: personal data – GDPR – AI models – anonymisation – legitimate interests – unlawful processing.

On the 17th of December 2024, the European Data Protection Board (EDPB) adopted an Opinion on the processing of personal data in the development and deployment of Artificial Intelligence (AI) models....

Freedom of the Press as a Public Policy Reason Restricting the Principle of Mutual Trust: Lessons from the Real Madrid Preliminary Ruling

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Abstract: In the Real Madrid case, the Court prioritized under the public policy proviso of the Brussels I Regulation the protection of freedom of the press over the mutual recognition of judgments in civil and commercial matters. The preliminary ruling explains the circumstances in which recourse to public policy is possible to decline the...

Algorithmic Collusion: Corporate Accountability and the Application of Art. 101 TFEU

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Abstract: The increasing reliance on artificial intelligence (AI) to set market prices, especially in digital markets, has led to the threat of algorithmic collusion, where pricing algorithms align market behavior among competitors without explicit human agreement. This Insight examines the implications of such practices, highlighting the...

Cambiamento climatico e Corte europea dei diritti umani

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Abstract: This Insight deals with the recent judgment delivered by the Grand Chamber of the European Court of Human Rights in the case KlimaSeniorinnen v Switzerland. The first part of the Insight focuses on the ECtHR’s competence in the context of climate-change litigation. The second part analyses the issues of victim...

GDPR Meets Unfair Competition Law: The Lindenapotheke Ruling and Its Implications for Data Subjects and Controllers

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Abstract: On 4 October 2024, the Grand Chamber of the European Court of Justice (ECJ) issued a landmark judgment that adds significant depth to the interpretation of the GDPR, especially concerning its interplay with unfair competition law and the concept of “special categories of personal data”. After analysing the facts of the case and the ECJ’s...

Un(packing) Sanctions Data: What Can Sanctions Numbers Teach Us

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Abstract: There is an ongoing academic discussion on the concept of smart and targeted sanctions, suggesting that these measures should be tailored, allow for humanitarian exemptions, and include an accessible de-listing procedure for designated subjects, among other criteria. However, a question arises as to whether the concept of smart sanctions...

The “255 Committee” and the Procedure for Appointing EU Judges. The (Perhaps Unintended) Implications of the Valancius Judgment

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Keywords: EU judges' appointment procedure – “255 Committee” – judicial independence – art. 19 TEU – art. 254 TFEU – judicial review.

In its judgment of 29 July 2024, delivered in the Valančius case,[1] the Court of Justice ruled, for the first time, on the limits that...

On Mutual Recognition and the Possibilities of a “Single European Polity”: The Opinion of AG Collins in Case C-181/23 Commission v Malta

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Abstract: The Advocate General’s Opinion in Commission in Commission v Malta is a useful opinion. Not because it is correct but because it highlights the central issue at stake in the case: the question of mutual recognition and its implications. The automatic mutual recognition of Member State nationality found in Micheletti has...

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