IT Security Law

Recent Articles

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  28/03/2024

  Germany

  The data access rights of the Data Act

  The data access rights under the Data Act and their restrictions are extensive – we provide an overview.European legislators have recognised that data is an essential resource which is required for the digital transformation to be successful and an economic asset that can only be realised if there is extensive access to data. As an important part of the European digital strategy, the Data Act (DA) came into force on 11 January 2024 and will apply throughout the EU from 12 September 2025 after a transition period of 20 months. Together with the Data Governance Act (DGA), the DA aims to create...

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  26/03/2024

  China

  China relaxes Cross-Border Data Transfer Rules with New Provisions

  On 22 March 2024, the Cyberspace Administration of China (the “CAC”) issued the Provisions on Regulating and Promoting Cross-border Data Transfers (the “Promoting Cross-Border Data Transfer Provisions” or “Promoting CBDT Provisions”), signalling a relaxation of China’s administration of cross-border data transfers. The Promoting CBDT Provisions relax cross-border data transfers in several aspects, including providing clear guidance for determining what constitutes “important data”, providing exemption of channel option requirements for certain...

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  18/03/2024

  Germany

  The DGA is expected to spur on data altruism

  Voluntary data donations are intended to make data widely usable. The DGA wants to build trust in data altruism organisations.The range of applications in which the use of data and information is playing an ever-increasing role is extremely broad: From the healthcare sector to the automotive industry, data can yield considerable benefits to any company or research institution. In addition, artificial intelligence (AI) requires large amounts of data to be analysed in order to be useful. However, data can only be used to benefit the general public if they have been collected and made available to...

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  12/03/2024

  Germany

  DGA: European data strategy for data intermediation services takes shape

  Data intermediation services play a key role in the implementation of the European strategy for data. The DGA subjects these to regulation.In addition to the Data Act, the Data Governance Act (DGA), which has been in force since 24 September 2023, is a key pillar of the European strategy for data, with which the EU Commission aims to establish a flourishing data economy in the European Union (EU). Data sharing for the common good and sustainability goals as well as to promote innovation and future technologies such as artificial intelligence (AI) are coming under greater focus from European legislators...

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  27/02/2024

  Germany

  Reusing data held by public sector bodies under the DGA

  The Data Governance Act should allow data collected with public funds to be reused to benefit society. Together with the Data Act, the Data Governance Act (DGA) forms a key pillar of the European Commission's European strategy for data, which was published in February 2020. The European strategy for data aims to create a European data economy and promote data-driven business models and innovative future technologies in the EU.To achieve these goals, the strategy for data states that common European data spaces will be created and a new standardised legal framework for data will be established....

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  29/01/2024

  Germany

  Using AI and responsibility for data privacy

  AI is often also used to process personal data. Responsibility for data privacy is determined by the respective use case.Everyone is talking about artificial intelligence (AI), and it is revolutionising various areas of life at a breathtaking speed. Unlike traditional computer programmes, which are based on clearly defined processes, AI attempts to replicate human-like intelligence with skills, such as logical thinking or learning.Naturally, these opportunities are accompanied by numerous questions relating to data protection and IT security. Already in the training phase, AI manufacturers/AI providers...

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