Europe steps up efforts to protect minors online
The European Union faces a complex challenge: establishing age verification methods while protecting user privacy. Currently, Member States each have their own rules, and a harmonized EU-wide approach remains to be defined.
In Spain, users will soon have to prove their majority to access adult sites thanks to the Cartera Digital Beta application, designed to guarantee data confidentiality. This system could extend to international platforms broadcasting sensitive content. France, for its part, recently banned several sites and published guidelines to strengthen age verification.
Finally, Italy will implement the SPID system, allowing age verification on gaming sites and adult content, as part of the “Caivano decree”. The EU is considering a common digital wallet for 2026, a sign of its desire to take coordinated measures for the protection of minors.
MARADONA / DIEGUITO: No risk of confusion according to the EUIPO (November 5, 2024)
The EUIPO rejected the opposition of an Argentine company, owner of the mark MARADONA, against a figurative application for the mark DIEGUITO, citing the absence of likelihood of confusion. The products and services covered are similar or identical in classes 14, 16, 18, 21, 24, 25, 28, and 41.
Both companies claimed contractual rights for the exploitation of these names, but the EUIPO rejected this argument, which falls under Argentine law and exceeds its jurisdiction.
In essence, the EUIPO concluded that there was no likelihood of confusion, stating that, although the signs may evoke the same famous person, "it can be ruled out that consumers perceive or associate the signs in question with the same commercial origin, with regard to the goods and services concerned".
United Kingdom: towards supervised and ethical use of AI!
With its new bill, the UK could well position itself as a pioneer in the regulated use of AI. This law establishes precise conditions for the use of artificial intelligence in crucial decisions for individuals, such as credit or insurance evaluations. In order to protect the rights of individuals and guarantee ethical use of sensitive data, the law notably requires human supervision for automated decisions having a direct impact on individuals.
South Korea: META fined for privacy violation!
South Korea's Personal Information Protection Commission (PIPC) on Tuesday, November 5, 2024, fined Meta Platforms, owner of Facebook, 21.6 billion won (approximately $15.6 million) for collecting and sharing sensitive data of 980,000 South Korean users without consent. Among the information affected was personal data such as users' religious, political opinions, and sexuality.
The PIPC pointed out that Meta's privacy policy lacked transparency and precision, particularly regarding the analysis and sharing of this data with third-party advertisers.
This sanction underlines the importance of the fundamental principles of privacy protection: a clear and solid legal basis is essential for the processing of personal data, in particular when it concerns sensitive subjects. This case reminds global companies that they must strengthen their privacy policies to protect user rights and comply with local laws.
United Kingdom is preparing for a data protection revolution!
The Information Commissioner’s Office (ICO) supports the new Data Bill (Use and Access), an ambitious bill aimed at strengthening data protection, encouraging innovation, and supporting economic growth. With 55% of UK adults having already experienced theft or loss of their data, and 30% experiencing emotional distress as a result, it is clear that the need for reform is urgent. However, only 5% of these people say they have received the necessary support from the responsible organization.
This bill aims to transform the data protection landscape in the UK. By expanding the powers of the ICO and adopting a more flexible approach to data transfers and law enforcement, the United Kingdom is establishing a stricter framework that is better adapted to current challenges. Between reinforced sanctions, new investigative powers and sectoral codes of conduct, companies will have to be extra vigilant.
EU-US data protection: progress and challenges according to the EDPB
On November 5 in Brussels, the European Data Protection Board (EDPB) presented a report on the first review of the EU-US Data Protection Framework (DPF). He also issued a statement regarding the recommendations of the High Level Group (HLG) on access to data for effective law enforcement.
The European Data Protection Board (EDPB) has welcomed the efforts made by the EU and the United States to put in place the Data Protection Framework. Since the adequacy decision of July 2023, progress has been made, notably with the activation of the appeal mechanism for EU citizens and the establishment of certification for American companies. However, the EDPB insists on the need to strengthen controls and guarantees, in particular regarding access by American public authorities to transferred personal data.
Concerning access to data by law enforcement services, the EDPB warns of the risk of attacks on fundamental rights, in particular privacy. The recommendation on data retention could interfere with individuals' rights, and encryption security must be preserved to ensure privacy.
The EDPB recommends a review of the framework in three years and calls for continued cooperation to ensure high-level data protection, while balancing security and respect for rights.