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2 months ago | 
truthonthemarket.com | Mikolaj Barczentewicz |Ben Sperry |Daniel Gilman |Kristian Stout
A recent controversy over pornographic apps being downloaded to iPhones in the European Union illustrates a fundamental tension in the EU’s Digital Markets Act (DMA): the conflict between mandated openness and established user-safety expectations.
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Dec 12, 2024 | 
truthonthemarket.com | Mikolaj Barczentewicz
The General Data Protection Regulation (GDPR), the EU’s data-protection law, requires accuracy in processing personal data. But generative-AI services, such as large language models (LLM), may “hallucinate” or reflect information that is false but widely spread. On one hand, such inaccuracies may seem like an inherent feature of the technology.
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Nov 5, 2024 | 
truthonthemarket.com | Mikolaj Barczentewicz |Julian Morris |Shivanghi Sukumar |Eric Fruits
The European Data Protection Board’s (EDPB) Nov. 5 stakeholder consultation on AI models and data protection—organized to gather input for an upcoming Irish Data Protection Commission opinion under Article 64(2) of the General Data Protection Regulation (GDPR)—showcased significant lingering disagreement on how the GDPR should apply to AI.
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May 7, 2024 | 
truthonthemarket.com | Mikolaj Barczentewicz |Brian Albrecht |Ben Sperry |Daniel Gilman
Among the less-discussed requirements of the European Union’s Digital Markets Act (DMA) is the data-sharing obligation created by Article 6(11). This provision requires firms designated under the law as “gatekeepers” to share “ranking, query, click and view data” with third-party online search engines, while ensuring that any personal data is anonymized.
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Apr 4, 2024 | 
truthonthemarket.com | Mikolaj Barczentewicz |Daniel Gilman |Julian Morris
It’s been an eventful two weeks for those following the story of the European Union’s implementation of the Digital Markets Act. On April 18, the European Commission began a series of workshops with the companies designated as “gatekeepers” under the DMA: Apple, Meta, Alphabet, Amazon, ByteDance, and Microsoft. And even as those workshops were still ongoing, the Commission announced noncompliance investigations against Alphabet, Apple, and Meta.
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Feb 12, 2024 | 
truthonthemarket.com | Mikolaj Barczentewicz |Kristian Stout |Eric Fruits |Roger Bate
The European Union is on the verge of enacting the landmark Artificial Intelligence Act (AI Act), which will—for better or worse—usher in a suite of new obligations, and hidden pitfalls, for individuals and firms trying to navigate the development, distribution, and deployment of software. Over the coming months, we will be delving into the nuances of the proposed text, aiming to illuminate the potential challenges and interpretive dilemmas that lie ahead.
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Nov 14, 2023 | 
truthonthemarket.com | Mikolaj Barczentewicz |Kristian Stout |Eric Fruits |Mario Zúñiga
A year ago, we cautioned that the EU Cybersecurity Certification Scheme for Cloud Services (EUCS) threatened to embed ill-conceived economic protectionism into the EU’s cybersecurity rules. And, indeed, the European Commission, which has made clear its commitment to pursue “digital sovereignty” for the European Union, can claim some preliminary successes on that front.
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Oct 9, 2023 | 
truthonthemarket.com | Mikolaj Barczentewicz |Giuseppe Colangelo |Eric Fruits |Kristian Stout
The digital transformation of Europe—and, indeed, the world—has been a defining theme of the 21st century. As with all significant shifts, it has also come with its share of challenges, opportunities, and controversies.
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Sep 11, 2023 | 
truthonthemarket.com | Mikolaj Barczentewicz |Ben Sperry |Eric Fruits |Giuseppe Colangelo
With the European Commission’s recent announcement that it had deemed the revamped data-protection framework from the United States to be “adequate” under the European Union’s stringent General Data Protection Regulation (GDPR), the stage is set for what promises to be a legal rollercoaster in the European Court of Justice (CJEU).
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Jul 6, 2023 | 
truthonthemarket.com | Mikolaj Barczentewicz
Yesterday, I delved into the recent judgment in the Meta case (Case C-252/21) from the Court of Justice of the European Union (CJEU). I gave a preliminary analysis of the court’s view on some of the complexities surrounding the processing of personal data for personalized advertising under the GDPR, focusing on three lawful bases for data processing: contractual necessity, legitimate interests, and consent.
