Connected – October 2024

This issue has been edited by Tobias Bräutigam with contributions from the Regulatory & Public Affairs team.

In October, it is not only the weather that keeps us on our toes but also the developments in technology policy from Europe and around the world. To bring some clarity on what is happening in Brussels, we start with an overview of the portfolios of the designated Commissioners and their priorities. The Draghi report highlighted the task ahead for the new Commission and is discussed in the second article.

Our focus then shifts to AI policy and for this edition, we have interviewed Kai Zenner, who has been instrumental for negotiating the EU AI Act in his role as assistant to Axel Voss. Staying with the topic of AI, the next article compares the AI Act with the developments in California regarding AI regulation.

We subsequently explore the Frequently Asked Questions that the EU Commission published on the Data Act and report on World Space Business Week 2024.  

In the last part of our newsletter, we want to highlight two cases interesting cases. First of all the Schrems III case, which has been decided at the beginning of October by the CJEU, mainly deals with data minimisation obligations. The second case is a true landmark case on copyright infringement in the context of data mining.

Tech players and digital priorities of the incoming College of Commissioners

Ursula von der Leyen, the re-elected President of the European Commission, recently unveiled her proposed team of Commissioners and their respective portfolios for the upcoming European Commission term of 2024-2029. Each Commissioner-designate received a Mission Letter from the President, outlining the objectives for their particular portfolio. These objectives build on the policy priorities set out in the Political Guidelines presented by President von der Leyen in the summer of 2024.

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For more information, please contact Paula Alexe, Francine Cunningham.

The Draghi report: key takeaways and policy recommendations

The European Commission published Mario Draghi’s report on ‘The Future of European Competitiveness’ on 9 September 2024, which assesses the EU’s growth and current position in the world. The report, prepared by the former president of the European Central Bank and Prime Minister of Italy, reflects on the perceived slowing of European growth compared to the global economy. In response, it makes the case for a new industrial strategy for Europe, a significantly increased investment (€750-800 billion annually), and puts forward policy recommendations for the EU to take forward.

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For more information, please contact Rory Coutts.

AI Act in progress: interview with Kai Zenner

This article contains a debrief of an interview on the state of play of the AI Act with Kai Zenner, assistant to Axel Voss, member of the European Parliament, Group of the European People's Party (Christian Democrats).

The interview was conducted by Feyo Sickinghe during the American Conference Institute’s AI Law Ethics, Safety and Compliance, in Washington D.C.

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For more information, please contact Feyo Sickinghe.

California’s AI bill vs. the EU AI Act: a cross-continental analysis of AI regulations

The regulation of AI has become a priority for an increasing number of governments around the world, with the EU’s AI Act having been passed last May leading the way. California is the newest addition to this list, with the Safe and Secure Innovation for Frontier Artificial Intelligence Models Act (Senate Bill 1047) having been passed in August. This article compares the two approaches; for a more deeper analysis of the EU AI Act, please refer to the July 'AI edition' of our Connected newsletter.

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For more information, please contact Tobias Bräutigam, Riku Rauhanen.

European Commission answers frequently asked questions on the Data Act

On 6 September 2024, approximately one year before the majority of the Data Act’s provisions begin to apply, the European Commission published a comprehensive FAQ document on the Data Act (“FAQ”). The FAQ is the result of extensive stakeholder engagement. Further background on the Data Act itself can be found here.

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For more information, please contact Manuela Cox.

World Space Business Week 2024  

World Space Business Week 2024, held in Paris from 16 to 20 September, brought together industry leaders, policymakers, and innovators to discuss the future of the satellite industry. This year’s event highlighted several key trends shaping the sector.

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CJEU stresses data minimisation in Schrems III case 

The Court of Justice of the European Union (CJEU) issued a judgment on 4 October 2024 in the case of Schrems v Meta Platforms Ireland Ltd (Meta) where it stressed the importance of the data minimisation and purpose limitation principles under the GDPR when it comes to targeted online advertising.

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For more information, please contact Hertta Hytinantti.

Landmark decision by the District Court of Hamburg on text and data mining exceptions (Kneschke v. Laion)

The District Court of Hamburg dismissed a photographer's claim, ruling that there was no copyright infringement due to the limitation of copyright to text and data mining for scientific purposes. 

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For more information, please contact Dr. Simon Hembt.