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EU-UK private-sector data flows after Brexit: Settling on adequacy

09-04-2021

EU-UK data flows – the lifelines of our shared digital trade – have come under pressure following the UK's withdrawal from the EU. To take regulatory and business decisions, a clear understanding of the state of play and future prospects for EU-UK transfers of personal data is indispensable. This EPRS in-depth analysis reviews and assesses trade dealings, adequacy challenges and transfer instruments under the EU's General Data Protection Regulation (GDPR).

EU-UK data flows – the lifelines of our shared digital trade – have come under pressure following the UK's withdrawal from the EU. To take regulatory and business decisions, a clear understanding of the state of play and future prospects for EU-UK transfers of personal data is indispensable. This EPRS in-depth analysis reviews and assesses trade dealings, adequacy challenges and transfer instruments under the EU's General Data Protection Regulation (GDPR).

Plenary round-up – March II 2021

26-03-2021

The highlight of the March II 2021 plenary session was the joint debate on the preparation of the European Council and Digital Green Certificates. A number of further joint debates were held on 2019 2020 enlargement progress reports on Albania, Kosovo, North Macedonia and Serbia, on the reform of EU own resources, on a capital markets recovery package: adjustments to the securitisation framework and on a European strategy for data. These debates were followed by votes. Other debates held following ...

The highlight of the March II 2021 plenary session was the joint debate on the preparation of the European Council and Digital Green Certificates. A number of further joint debates were held on 2019 2020 enlargement progress reports on Albania, Kosovo, North Macedonia and Serbia, on the reform of EU own resources, on a capital markets recovery package: adjustments to the securitisation framework and on a European strategy for data. These debates were followed by votes. Other debates held following Council and Commission statements concerned Turkey's withdrawal from the Istanbul Convention, and the assassination of Daphne Caruana Galizia and the rule of law in Malta. Proposals on guidelines for the 2022 EU budget, implementation of the Ambient Air Quality Directives, for a new EU-Africa strategy, and legislation on exports, brokering, technical assistance, transit and transfer of dual-use goods, were also debated and voted.

A European strategy for data

24-03-2021

Data represents the driving force of the European digital transformation. In order to harness the potential of the data economy, the European Commission aims to build a market for personal and non-personal data that fully respects European rules and values. During its March II plenary session, Parliament is due to debate data issues, before voting on an own-initiative report concerning a European strategy for data and a resolution on the European Commission’s evaluation of the General Data Protection ...

Data represents the driving force of the European digital transformation. In order to harness the potential of the data economy, the European Commission aims to build a market for personal and non-personal data that fully respects European rules and values. During its March II plenary session, Parliament is due to debate data issues, before voting on an own-initiative report concerning a European strategy for data and a resolution on the European Commission’s evaluation of the General Data Protection Regulation (GDPR).

Electronic evidence in criminal matters

22-03-2021

In December 2020, the European Parliament's Civil Liberties, Justice and Home Affairs Committee adopted its reports on a pair of 2018 legislative proposals on electronic evidence in criminal matters, and mandates to start trilogue negotiations on the two proposals. The proposed new rules would allow law enforcement and judicial authorities to directly request (or temporarily secure) electronic data needed for investigating and prosecuting crime from electronic service providers operating in the EU ...

In December 2020, the European Parliament's Civil Liberties, Justice and Home Affairs Committee adopted its reports on a pair of 2018 legislative proposals on electronic evidence in criminal matters, and mandates to start trilogue negotiations on the two proposals. The proposed new rules would allow law enforcement and judicial authorities to directly request (or temporarily secure) electronic data needed for investigating and prosecuting crime from electronic service providers operating in the EU (wherever the data is stored), and would impose an obligation on these service providers to appoint a legal representative for the purpose of gathering evidence and answering competent authorities' requests. This two-part legislative initiative is the result of an almost two-year process of reflection on how to better adapt criminal justice to the challenges of the digital age, with a specific focus on jurisdiction in cyberspace and access to electronic evidence. The initiative is part of a broader array of international efforts to improve the legal framework and address persistent legal uncertainty that affects law enforcement and private parties alike. First edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

The NIS2 Directive: A high common level of cybersecurity in the EU

19-02-2021

The Network and Information Security (NIS) Directive is the first piece of EU-wide legislation on cybersecurity, and its specific aim was to achieve a high common level of cybersecurity across the Member States. While it increased the Member States' cybersecurity capabilities, its implementation proved difficult, resulting in fragmentation at different levels across the internal market. To respond to the growing threats posed with digitalisation and the surge in cyber-attacks, the Commission has ...

The Network and Information Security (NIS) Directive is the first piece of EU-wide legislation on cybersecurity, and its specific aim was to achieve a high common level of cybersecurity across the Member States. While it increased the Member States' cybersecurity capabilities, its implementation proved difficult, resulting in fragmentation at different levels across the internal market. To respond to the growing threats posed with digitalisation and the surge in cyber-attacks, the Commission has submitted a proposal to replace the NIS Directive and thereby strengthen the security requirements, address the security of supply chains, streamline reporting obligations, and introduce more stringent supervisory measures and stricter enforcement requirements, including harmonised sanctions across the EU. The proposed expansion of the scope covered by the NIS2, by effectively obliging more entities and sectors to take measures, would assist in increasing the level of cybersecurity in Europe in the longer term. Within the European Parliament, the file has been assigned to the Committee on Industry, Research and Energy. First edition. The 'EU Legislation in Progress' briefings are updated at key stages throughout the legislative procedure.

Improving the common level of cybersecurity across the EU

11-02-2021

Drawing on the findings of an evaluation of the NIS directive, the IA generally seems to provide a clear and relevant analysis of the shortcomings of the existing NIS Directive and the available policy options for their improvement by a new legal act. It appears that the IA's assumptions are based on a thorough stocktaking exercise involving the consultation of a big number of stakeholders. The IA could however have explained in closer detail practical implications of the proposed initiative. It ...

Drawing on the findings of an evaluation of the NIS directive, the IA generally seems to provide a clear and relevant analysis of the shortcomings of the existing NIS Directive and the available policy options for their improvement by a new legal act. It appears that the IA's assumptions are based on a thorough stocktaking exercise involving the consultation of a big number of stakeholders. The IA could however have explained in closer detail practical implications of the proposed initiative. It would have been useful if the IA had provided a fuller impact analysis particularly of potential economic costs and fundamental rights implications, as noted in the RSB opinion. Finally, the range of options assessed is limited to two in addition to the baseline. Given that the final outcome of the assessment is a significant revision of the existing legal framework, one might have expected a more granular formulation of policy options in the IA.

What if artificial intelligence in medical imaging could accelerate Covid-19 treatment?

21-12-2020

Thermal imaging cameras are currently being installed in office buildings, hospitals, shopping malls, schools and airports as a means of detecting people with fever-like symptoms. Given that these cameras are not necessarily designed to operate as medical devices, there are questions about their suitability in the context of the current pandemic. This note provides an overview of the use of thermal imaging empowered with artificial intelligence (AI) capabilities, its suitability in the context of ...

Thermal imaging cameras are currently being installed in office buildings, hospitals, shopping malls, schools and airports as a means of detecting people with fever-like symptoms. Given that these cameras are not necessarily designed to operate as medical devices, there are questions about their suitability in the context of the current pandemic. This note provides an overview of the use of thermal imaging empowered with artificial intelligence (AI) capabilities, its suitability in the context of the current pandemic and the core technical limitations of this technology. The main legal responses and ethical concerns related to the use of AI in the context of thermal imaging at entry points to identify and triage people who may have elevated temperatures are also examined.

What if blockchain could guarantee ethical AI?

21-12-2020

As artificial intelligence (AI) companies and other organisations are seeking ways to comply with ethical principles and requirements, blockchain, under specific circumstances, could be seen as a means to safeguard that AI is deployed in an ethically sound manner.

As artificial intelligence (AI) companies and other organisations are seeking ways to comply with ethical principles and requirements, blockchain, under specific circumstances, could be seen as a means to safeguard that AI is deployed in an ethically sound manner.

What if AI could improve thermal imaging, to help fight coronavirus?

21-12-2020

Thermal imaging cameras are currently being installed in office buildings, hospitals, shopping malls, schools and airports as a means of detecting people with fever-like symptoms. Given that these cameras are not necessarily designed to operate as medical devices, there are questions about their suitability in the context of the current pandemic. This note provides an overview of the use of thermal imaging empowered with artificial intelligence (AI) capabilities, its suitability in the context of ...

Thermal imaging cameras are currently being installed in office buildings, hospitals, shopping malls, schools and airports as a means of detecting people with fever-like symptoms. Given that these cameras are not necessarily designed to operate as medical devices, there are questions about their suitability in the context of the current pandemic. This note provides an overview of the use of thermal imaging empowered with artificial intelligence (AI) capabilities, its suitability in the context of the current pandemic and the core technical limitations of this technology. The main legal responses and ethical concerns related to the use of AI in the context of thermal imaging at entry points to identify and triage people who may have elevated temperatures are also examined.

Legal Analysis of International Trade Law and Digital Trade

11-11-2020

This brief provides a legal analysis of existing rules in digital trade regarding the various components of artificial intelligence (‘AI’), in particular (personal and nonpersonal) data, computer code in the form of algorithms, and computing power (including cloud computing). To do so, the first part of this analysis will map various international trade rules that affect cross-border flows of data, computer code and computing power to determine their respective advantages and disadvantages. This ...

This brief provides a legal analysis of existing rules in digital trade regarding the various components of artificial intelligence (‘AI’), in particular (personal and nonpersonal) data, computer code in the form of algorithms, and computing power (including cloud computing). To do so, the first part of this analysis will map various international trade rules that affect cross-border flows of data, computer code and computing power to determine their respective advantages and disadvantages. This will form the basis for the second part of the analysis, which will address the desirability and necessity of global rulemaking in this area.

Autor extern

Georgios PETROPOULOS, André SAPIR, Michele FINK, Niclas Frederic POITIERS, Dennis GÖRLICH

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