European Data Protection Supervisor (EDPS)

In July 2021, the European Commission (the Commission) adopted three proposals for regulations and one proposal for a directive of the European Parliament and of the Council in relation to reforms to the EU’s anti-money laundering (AML) and counter-terrorist financing (CTF) regime. The proposals serve to implement aspects of the Commission’s May 2020 action plan in respect of the same, with a view to addressing weaknesses in these areas. The key reforms include a new EU AML and CTF authority and a new EU single AML and CTF rulebook.

On 22 September 2021, the EU’s independent data protection authority, the European Data Protection Supervisor (EDPS), Wojciech Wiewiórowski, published an opinion on the Commission’s proposals, alongside a press release.

Overall, the EDPS’ opinion of the proposals is positive, welcoming the AML package and its objective to increase the effectiveness of AML and CTF. In particular, Mr Wiewiórowski praised the envisaged increased harmonisation of the AML and CTF framework at EU level, which includes the creation of a European authority.
Continue Reading European Data Protection Supervisor publishes opinion on the European Commission’s AML and CTF legislative proposals package

The European Data Protection Board (EDPB) and the European Data Protection Supervisor (EDPS) adopted Joint Opinion 5/2021 on the proposal for a Regulation of the European Parliament and of the Council laying down harmonised rules on artificial intelligence (Joint Opinion).

The Joint Opinion follows the European Commission’s (Commission) Proposal for a Regulation of the European Parliament and of the Council laying down harmonised rules on artificial intelligence (AI) which was presented on the 21st April 2021 (Proposed Regulation). The Proposed Regulation laid out (i) harmonised rules for the placing on the market, the putting into service and the use of AI systems in the EU; (ii) prohibitions of certain AI practices; (iii) specific requirements for high-risk AI systems and obligations for operators of such systems; (iv) harmonised transparency rules for AI systems; and (v) rules on market monitoring and surveillance. We have previously summarised the obligations, scope and effect of the Proposed Regulation in our previous client alert, here.

The EDPB and the EDPS welcome the concern of the Commission in addressing the use of AI within Europe and stress that the Proposed Regulation has important data protection implications. Both authorities agree with the risk-based approach underpinning the Proposed Regulation and further welcome the fact that the Proposed Regulation designates the EDPS as the competent authority and the market surveillance authority for the supervision of the EU institutions. However, they note the role and tasks of the EDPS should be further clarified, specifically to its role as a market surveillance authority.

Continue Reading EDPB and EDPS adopt joint opinion on the data protection implications raised from the proposed Artificial Intelligence Act