Deep Dive into Data Privacy

• AI vs GDPR: Insights from EDPB Opinion 28/204

  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

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• Overview of International Data Transfers Rules under GDPR

  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

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• Trailer to Overview of International Data Transfers Rules under GDPR

  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.

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• Consent or Pay Opinion by EDPB

  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

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• Fasion ID Case

  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.

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