Data and Privacy Matters: Legal updates

February was another eventful month in the world of data and privacy, so join us as we delve into the latest news in this month's episode of the Fieldfisher Data & Privacy Matters podcast.

Martin McElroy, Matthew Gregson, and Jonathan Comfort kick off the episode with a look at the latest AI developments, including the European Commission's draft guidelines on prohibited AI practices and the continued scrutiny of the Chinese AI tool DeepSeek by various EU authorities. We also comment on the Paris AI Summit and the expanding scope of the European Data Protection Board's ChatGPT task force which now covers broader AI enforcement.

Sticking with updates from the EDPB, the team dives into the Board's statement on age assurance and its recommendations on data protection considerations for the World Anti-Doping Agency in relation to its Anti-Doping Code. The team also discusses key items cut from the European Commission's 2025 work programme including the AI Liability Directive and the long-awaited ePrivacy Regulation.

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Turning to the UK, we consider the ICO's updated response to the amended Data (Use and Access) Bill. Ofcom's Illegal Content Risk Assessment Toolkit also features.

Hopping across the pond, the team discuss the impact President Trump's dismissal of three Democratic members of the Privacy and Civil Liberties Oversight Board might have on the Transatlantic Data Privacy Framework.

The team then checks out recent case law updates including a case on informed consent in the context of gambling and addiction as well as a CJEU ruling on the right to access information about automated decision-making. Finally, the episode concludes with enforcement stories from Poland, highlighting fines for failure to inform victims of a data breach and failures following a ransomware attack.

Resources

AI Update

Commission publishes the Guidelines on prohibited artificial intelligence (AI) practices, as defined by the AI Act | European Commission

DeepSeek making a splash with EU data protection bodies | Euractiv

PRESS RELEASE - Artificial intelligence: the Italian Data Protection Authority blocks DeepSeek | Italian Data Protection Authority

Paris AI summit: France and EU promise to cut red tape on tech | Reuters

Europe

EDPB adopts statement on age assurance, creates a task force on AI enforcement and gives recommendations to WADA | European Data Protection Board

Recommendations 1/2025 on the 2027 WADA World Anti-Doping Code | European Data Protection Board | European Data Protection Board

Commission work programme 2025 | European Commission

Information Commissioner’s updated response to the Data (Use and Access) (DUA) Bill | ICO

Direct marketing advice generator | ICO