Allemagne

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eAlerts Récentes

  •  
    18/04/2024
    International

    Transforming the Legal Landscape? The Impact of LLMs

    Large Language Models (LLMs) are a branch of artificial intelligence (AI) that can generate human-like text based on deep learning techniques. LLMs are trained on massive amounts of textual data, such as books, articles, and websites, and learn to recognise patterns, structures, and relationships within the data. By doing so, they develop the ability to produce text on various topics. The presence of LLMs in the legal sector is increasing and, with this, the ability of lawyers to understand and use LLMs in providing quality advice to their clients is becoming more important. CMS have a dedicated...
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  •  
    17/04/2024
    Allemagne

    Impact of the CJEU's Schufa judgment on the use of AI in HR

    This article examines the extent to which the CJEU's Schufa judgment is an obstacle to the use of artificial intelligence (AI) in the HR sector.More and more companies are using AI systems in HR. A key data protection provision in this context is Article 22 (1) GDPR. According to this provision, every person has the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her. On 7 December 2023, the CJEU caused commotion in the media with its Schufa judgment (European...
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  •  
    17/04/2024
    Europe

    CMS data protection update (04/2024)

    I. The latest from the data protection authorities and current topics1. EDPB: Launch of coordinated enforcement on the right of accessThe European Data Protection Board (EDPB) selected the right of access under Article 15 GDPR as the focus of the third coordinated enforcement action of the data protection authorities. Coordinated enforcement has now begun and aims to help assess how the right of access is implemented in practice and to what extent adjustments or clarifications are needed in the EDPB's Guidelines on this topic. Last year’s results of the coordinated enforcement action on the...
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  •  
    17/04/2024
    EU

    EU Commission enforces obligation to provide correct and complete information in merger control proceedings

    EU merger control law provides for an obligation of the parties to provide correct and complete information in merger control proceedings. This obligation has a very high relevance for the European Commission, as latest enforcement activities demonstrate. On 19 March 2024, the European Commission sent a Statement of Objections to an insulation panels maker alleging that the company provided incorrect, incomplete and misleading information during merger control proceedings for the company's planned acquisition of a mineral fibre sandwich panel producer.These investigations of the European Commission...
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  •  
    16/04/2024
    Allemagne

    Scope and implementation of the right of access under data protection law

    The scope of the right of access under data protection law pursuant to Article 15 GDPR is controversial. This is leading to uncertainties as to how to fulfil that right. In autumn 2023, the European Data Protection Board (EDPB) announced that the third Coordinated Enforcement Framework (CEF) of the national data protection authorities will focus on the rights of access under Article 15 European General Data Protection Regulation (GDPR). This campaign has now begun and the German data protection authorities are also involved. The right of access under data protection law is therefore likely...
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  •  
    15/04/2024
    Allemagne

    Co-determination in the setup and organisation of whistleblower reporting offices

    This article deals with the co-determination rights of the works council as regards whistleblower reporting offices in accordance with the German Whistleblower Protection Act (HinSchG).The legislator passed the German Whistleblower Protection Act as a national transposition of the EU Whistleblower Directive (Directive (EU) 2019/1937) in May 2023. However, fines for not having an internal reporting office have only been imposed since December 2023 when the transitional provision expired. In view of this, many companies are currently working out how exactly to implement their obligations under the...
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