AI is transforming industries, but it’s also raising complex questions about data protection and privacy. EDPB Opinion 28/204 provides guidance specifically for GDPR practitioners dealing with AI.

00:00 Introduction to AI and GDPR 00:33 Understanding Anonymity in AI Models 01:53 Framework for Determining Anonymity 03:30 Practical Steps for GDPR Compliance 06:16 Exploring Legitimate Interests 07:19 The Three-Step Test for Legitimate Interests 10:18 Navigating Legitimate Interests 10:34 Understanding the Balancing Test 11:17 Risks and Rights in AI Data Processing 14:59 Mitigating Measures for Data Protection 17:16 Web Scraping and Data Protection 18:24 Consequences of Unlawful Data Processing 20:13 Key Takeaways for GDPR Practitioners

This episode explores the complexities of international data transfers under GDPR, detailing the criteria established by the European Data Protection Board. It outlines the three criteria to determine when data crossing EU borders qualifies as a transfer under Chapter V of GDPR, along with discussions on adequacy decisions, the EU-US Data Privacy Framework, and practical applications of standard contractual clauses (SCCs). Binding corporate rules (BCRs) and limited exceptions, or derogations, are also explained as methods for legitimate data transfers without adequacy.

00:00 Introduction to International Data Transfers

00:34 Understanding GDPR's Transfer Criteria

01:36 Real-World Examples of Data Transfers

02:08 When Transfers Don't Count

03:23 Green Lights for Data Transfers: Adequacy Decisions

04:00 The EU-US Data Privacy Framework

05:34 Safeguards for Data Transfers

05:49 Standard Contractual Clauses (SCCs) and Binding Corporate Rules (BCRs)

07:20 Exceptions and Derogations

11:47 The Importance of Documentation

13:00 Risk Awareness and Conclusion

Our next episode explores the complexities of international data transfers under GDPR, detailing the criteria established by the European Data Protection Board. It outlines the three criteria to determine when data crossing EU borders qualifies as a transfer under Chapter V of GDPR, along with discussions on adequacy decisions, the EU-US Data Privacy Framework, and practical applications of standard contractual clauses (SCCs). Binding corporate rules (BCRs) and limited exceptions, or derogations, are also explained as methods for legitimate data transfers without adequacy.

This episode covers the increasing prevalence of consent or pay models in online platforms and the recent opinion issued by the European Data Protection Board (EDPB) addressing this issue. The discussion includes what it means for consent to be freely given in today's digital landscape, especially when data sharing becomes necessary to access essential digital services. The EDPB emphasizes the importance of offering genuine alternatives, the challenges of large platforms holding significant power, and the ethical considerations surrounding data privacy. The episode also highlights the EDPB's call for clarity, fairness, transparency, and the implications for both users and companies in the digital age.

00:00 Consent or Pay Opinion

03:16 Exploring Alternatives and Fairness

04:58 The Role of Transparency and User Control

07:14 Challenges in Enforcing Privacy Rights

09:08 Implications for Companies and Users

10:43 Conclusion and Future Considerations

Ever seen that Facebook like button on websites? What seems like harmless snippet could be sending your data into a legal maze. This episode breaks down the Fashion ID case and explains how it sent shock waves through the data privacy world. From joint controllership to legitimate interest vs. explicit consent, we unpack the complex issues this case brought to light, including the impact on those pesky cookie banners. Buckle up as we explore how this case set a precedent for data privacy in the digital age.

In this episode we are discussing the fresh opinion of EDPB 22/2024 on certain obligations following from the reliance on processor(s) and sub-processor(s). Learn how to get those "sufficient guarantees" (and what that actually means), why international transfers get tricky, and how the "unless clause" could be a problem. Read and download this opinion on the official EDPB website here

New EU guidelines on legitimate interest and what they mean. Our AI-hosts break down the legal jargon into plain English, explore real-world examples, and explain how these guidelines impact people's digital life! Listen now to learn the EDPB approach to data minimization, the balancing test, and the right to object. Plus, we cover how these rules apply to fraud prevention, direct marketing, and protecting children online.

You can download and read the new EDPB Guidelines yourself here

Think GDPR is just corporate jargon? Think again! This episode breaks down exactly what GDPR means for YOU, from its core principles to how it actually protects your data. We'll unpack your rights, how to hold companies accountable, and real-world examples of GDPR in action. Get ready to take charge of your digital life!

Links:

GDPR Aware Handbook by Siarhei Varankevich CIPP/E, CIPM, CIPT, FIP: https://data-privacy-office.eu/usefull-materials/gdpr-aware-handbook/