Data & Privacy Matters: EP2 Legal Updates - February 2024

Camille Ebden, Charley Guile & Sophia Steiger

07/03/2024

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In this action-packed second episode of Fieldfisher's new Data & Privacy Matters podcast, Camille Ebden, Charley Guile and Sophia Steiger look at the key data and privacy news from February 2024.

First up they discuss the second phase of the EU Digital Services Act ("DSA") coming into force on the 17 February and how it now applies to a broader range of online intermediary service providers. On a related note, they touch on the European Commission launching formal proceedings into TikTok's compliance with the DSA, which particularly focuses on underage users. For more information about the Digital Services Act, do check out the Fieldfisher blog and more detailed webinars on this topic - Digital Services Act | Fieldfisher.

The ICO's new content moderation guidance is then explored, followed by the latest on AI from the EU and the UK, including the launch of an EU AI Office and some criticism claiming a lack of clarity regarding its role versus that of the European Commission as a whole. The episode continues with a look at the ICO's enforcement notice to Serco regarding employee tracking via biometric data, the EDPB's opinion on when the One-Stop-Shop mechanism applies, as well as updates on regulator and court views regarding Meta's "pay or ok" model (which will of course have an impact for many publishers relying on advertising or subscription to fund their platform).

If that is not enough, the episode touches on the new cookie guidance from the Spanish and Dutch regulators; a €79m marketing fine to Enel Energia from the Italian Garante; and a £350,000 ICO fine to the Ministry of Defence for not using "Bcc" where appropriate.

With the volume of continuous developments in the data and privacy ecosystem, it can be hard to stay on top of the key news stories. This is a must-listen podcast to catch up on notable data and privacy news in the past month and consider what your business or organisation needs to be doing in response.

Sources of the news discussed:

Digital Services Act