Tag:infringement

1
Japanese Government Identified Issues Related to AI and Copyrights
2
GDPR: Irish supervisory authority fines WhatsApp 225 million
3
Woolworths hit with largest SPAM infringement to date

Japanese Government Identified Issues Related to AI and Copyrights

By Aiko Yamada and Yuki Sako

Aiming to address creators’ concerns and to minimize risks of copyright infringement by artificial intelligence (AI) developers and users, the Agency for Cultural Affairs, Government of Japan convened panels at the Legal System Subcommittee of the Copyright Committee on 26 July 2023 and 5 September 2023 to identify issues to resolve in relation with generative AI and copyrights as roughly noted below:

Read More

GDPR: Irish supervisory authority fines WhatsApp 225 million

By Claude-Etienne Armingaud, Camille Scarparo and Léa Fertani.

Further to investigations initiated by the Data Protection Commission (or DPC, the Irish supervisory authority) in 2018, Whatsapp Ireland Limited has received a EUR 225 million fine on 2 September 2021. The company infringed multiple GDPR provisions including in relation with the information provided to data subjects which breached the obligation to ensure transparency of processing (Articles 13 and 14 GDPR).

Following GDPR’s one-stop-shop mechanism and as WhatsApp operates cross-border flows of personal data, the DPC had initially been designated as lead supervisory authority (‘LSA’). Article 60 GDPR requires the LSA to submit a draft decision to its impacted counterparts across the European Union (the ‘Concerned Supervisory Authorities’). Such draft has been submitted in December 2020 and the Hungarian, Portuguese, Italian, French, Dutch, Polish, German (local and federal) Concerned Supervisory Authorities unanimously raised objections to the DPC in January 2021. The objections mostly addressed the lax approach by the DPC in the assessment of WhatsApp’s breach of GDPR as well as the amount of the initially contemplated fine in view of the dozens of millions of individuals affected by such breach across the European Union.

This resulted in a non-consensual situation, escalading to the dispute resolution process under Article 65 GDPR conducted by the European Data Protection Board (EDPB). The binding decision, adopted on 28 July 2021 and subsequently notified to the DPC, required the Irish supervisory authority to reassess and increase the fine, thus leading to the second-highest fine under GDPR since its entry into force in 2018.

Woolworths hit with largest SPAM infringement to date

By Cameron Abbott and Keely O’Dowd

Woolworths recently paid a $1 million infringement notice and agreed to a court-enforceable undertaking with the Australian Communications and Media Authority (ACMA) in response to breaches of Australian Spam laws.

ACMA announced Woolworths had breached the Spam Act 2003 (Cth) (SPAM Act) more than five million times when it sent marketing emails to consumers after they had previously unsubscribed to Woolworths’ messages. ACMA’s investigation into Woolworths’ compliance with the SPAM Act revealed Woolworths’ systems, processes and practices were inadequate to comply with the Spam laws.

Read More

Copyright © 2024, K&L Gates LLP. All Rights Reserved.