Opting-in or -out or not at all: secondary use of health data in the EHDS framework
European Law Blog
by Marjut Salokannel
2d ago
Blogpost 17/2024 In accordance with the European data strategy the European Commission gave its proposal for the Regulation on European Health Data Space (EHDS) in May 2022. The purpose of the EHDS is to establish a mandatory cross-border infrastructure which makes it possible for residents to access their electronic health data anywhere in Europe for health care purposes and use such data for reimbursement purposes and similar purposes (primary use). Furthermore, EHDS creates a mandatory cross-border infrastructure for the secondary use of electronic health data, such as electronic patient re ..read more
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Google Ireland and Others (C-376/22): is the strict interpretation of national public policy exceptions to the benefit of EU regulation?
European Law Blog
by Clara Muller
4d ago
Blogpost 16/2024 On the 9th of November 2023, the Court of Justice issued a judgment concerning the interpretation of the derogation clause in Article 3 (4) of the Information Society Services Directive (also known as the e-commerce Directive). The case concerned an Austrian law that imposed obligations on communication platform services regarding illegal content (such as hate speech, harassment, and content related to terrorist and pornographic offences), even when the platform is established in another Member State. Under the e-commerce Directive, the rules that apply to the service provider ..read more
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The revised Single Permit Directive: protecting migrant workers from abusive employers or maintaining the status quo?
European Law Blog
by Amy Weatherburn
6d ago
Blogpost 15/2024 On 21 December 2023, a political agreement was reached between the Council and the European Parliament on the text of the revised Single Permit Directive. This development is a key piece of the puzzle that aims at reforming the management of legal migration in the European Union (EU), as set out in the 2020 Pact on Migration and Asylum. The EU Single Permit Directive 2011/98 provides for minimum rules with a view to facilitating a single application procedure for obtaining a (combined) single permit for the purpose of work and stay in the EU (Article 1(a)), and does not – unli ..read more
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Should Temporary stay Temporary? An interpretation of the Temporary Protection Directive in line with its rationale.
European Law Blog
by Lia Gobiet
1w ago
Blogpost 14/2024 Nearly 4 million people fled Ukraine since the Russian invasion started in February 2022. Within the territory of the EU, those persons who are unable to return enjoy residence rights derived from the Temporary Protection Directive(TPD). As the name of the Directive indicates, any derived right, such as the right to stay, work and receive medical assistance in the EU, are limited in time. The application of the Directive, and the rights thereof, have been prolonged until the 4th of March 2025. What happens after this time ‘runs out’ is for now – in the Directive’s first-time a ..read more
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A Citizen Jury on New Genomic Techniques: A Format For Public Participation in Genomic Matters in Agriculture?
European Law Blog
by Alexandra Molitorisová
1w ago
By Alexandra Molitorisová and Kai P. Purnhagen Blogpost 13/2024 Between 26-28 January 2024, the Chair of Food Law of the University of Bayreuth, Campus Kulmbach, organised a citizen jury on new genomic techniques (NGTs) at the Schloss Thurnau in Upper Franconia, Bavaria as a part of the DFG project on EU decision-making on benefits of new technologies. The central questions posed to the jury to deliberate on was: “What are the needs and desired purposes regarding the application of new genomic techniques in plant breeding? Under which conditions should they be used, and for which objectives an ..read more
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The implications of the 2023 Frontex judgment on the EU agencies and the legal credibility of the Court
European Law Blog
by Lynn Hillary
2w ago
Blogpost 12/2024 In September 2023, the General Court of the Court of Justice of the EU ruled that Frontex did not incur non-contractual liability for deporting a Syrian family from Greece to Turkiye whose asylum claims were not examined by the Greek authorities. With its 2023 Frontex judgment, the Court has opened the door not only to criticism on its own legal reasoning and the protection of fundamental rights, but also on the raison d’être of EU agencies in general. This contribution has three aims. First, we question the Court’s legal credibility due to its erroneous reasoning on what is a ..read more
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When EU Data Protection Meets AI Tools – The CJEU determines responsibility: An analysis of C-683/21 Nacionalinis visomenes sveikatos centras prie Sveikatos apsaugos ministerijos
European Law Blog
by Elspeth Guild
2w ago
Blogpost 11/2024 Nowhere in this judgment of 5 December 2023 does the term ‘artificial intelligence’ (AI) appear, yet for the first time the Court of Justice of the EU’s Grand Chamber (CJEU) deals with the issue of legal responsibility and liability for the use of personal data by AI tools. It is a ground-breaking judgment which merits serious consideration, in particular as it allocates responsibility for AI operations and liability for data protection breaches, in accordance with the EU General Data Protection Regulation’s rules regarding the identification and duties of data controllers. Th ..read more
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C-319/22 Gesamtverband Autoteile-Handel eV v. Scania: how to solve the “indirect personal data” riddle?
European Law Blog
by Stephanie Rossello
3w ago
Blogpost 10/2024 INTRODUCTION For those looking for more guidance by the Court of Justice of the European Union (CJEU) on the meaning of “personal data” and, in particular, the notion of an “indirectly identifiable” natural person under article 4(1) GDPR, 2023 has been an exceptionally gratifying year. On 26 April 2023 the General Court ruled in the case T-557/20 (SRB v. EDPS) and, on 9 November 2023, the ECJ pronounced its judgment in the case C-319 /22 (Gesamtverband). This blogpost focuses on the Court’s ruling in Gesamtverband, specifically, its deeply puzzling use of the word “indirectly ..read more
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Regime Defence Disguised as a Defence of Sovereignty: The Hungarian Defence of National Sovereignty Bill as a violation of European values
European Law Blog
by Miriam Schuler
3w ago
Blogpost 9/2024 On 12 December 2023, Hungary passed a bill for the defence of national sovereignty which reportedly provides ‘the executive with even more opportunity to silence and stigmatise independent voices and opponents.’ On 1 February 2024, Hungary’s Sovereignty Protection Office is going to start operating. The Hungarian Sovereignty Bill constitutes another harmful attack on pluralism and democracy. It has been heavily criticised not only by the Council of Europe Commissioner for Human Rights but also by countless NGOs such as the Hungarian Helsinki Committee, the European Civic Forum ..read more
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AG Kokott issues Opinion in Google Shopping with the Commission looking set to win round 3 with a knockout
European Law Blog
by David Fåhraeus
1M ago
Blogpost 8/2024 AG Kokott recently gave her Opinion on the ongoing saga between the European Commission and Google. She advised the Court to dismiss all of Google’s grounds of appeal against the judgment of the General Court which upheld the Commission’s decision to fine Google €2.4 billion. In her Opinion, AG Kokott raises and answers questions that ‘are of great legal and practical importance’ (para 2). In particular, the AG considers ‘self-preferencing’, ie. where a dominant firm favours its services over those of rivals, to be an independent form of abuse. This means this type of prohibite ..read more
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