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Europol and New Zealand: Cooperation Agreement Applies
On 15 August 2024, the agreement between the EU and New Zealand on the exchange of personal data between Europol and New Zealand authorities entered into application. For the way to the agreement → eucrim 3/2019, 165, → eucrim 2/2022, 100, and → … Read more
Cornelia Riehle LL.M.
EU
Europol
Police Cooperation
ECJ Ruled on Reporting Obligations for Aggressive Tax Planning
In its judgment of 29 July 2024, the ECJ upheld the EU’s system on reporting obligations for intermediaries to inform tax authorities of certain cross-border arrangements that could potentially be used for aggressive tax planning. The ECJ particularly did not consider that the underlying EU legislation is invalid. Read more
Thomas Wahl
EU
Fundamental Rights
Tax Evasion
IOCTA 2024
In July 2024, Europol published the 10th edition of its Internet Organised Crime Threat Assessment (IOCTA). For the 2023 report → eucrim 2/2023, 145-146. The IOCTA 2024 offers an in-depth assessment of the key developments, changes, and emerging threats in cybercrime during the year … Read more
EU
Europol
Cybercrime
Organised Crime
First Report of ETIAS Fundamental Rights Guidance Board Available
The Fundamental Rights Guidance Board of the European Travel Information and Authorisation System (in short: the ETIAS Fundamental Rights Guidance Board) is composed of the Fundamental Rights Officer of Frontex, the Consultative Forum on Fundamental Rights of Frontex, the European Data Protection Supervisor (EDPS), the … Read more
EU
Schengen
Frontex
Data Protection
EDPS Celebrates 20th Anniversary
The EDPS released 20 initiatives which will be promoted in 2024 - the year of the EDPS' 20 anniversary. Read more
EU
European Data Protection Supervisor (EDPS)
Data Protection
Frontex Annual Risk Analysis 2024/2025
In its Annual Risk Analysis for the years 2024/2025 (released on 18 July 2024), Frontex looks at the evolving risks and challenges at the EU's external borders. The report is intended to serve as a strategic guide for policymakers, operational leaders, and partners both inside … Read more
EU
Frontex
EUIs Using Generative AI Systems: EDPS Guidelines
On 3 June 2024, the EDPS published guidelines on generative Artificial Intelligence and personal data for EU institutions, bodies, offices and agencies (EUIs). The guidelines will help EUIs comply with the data protection obligations set out in Regulation (EU) 2018/1725 if they use or develop generative AI tools. Read more
EU
Artificial Intelligence (AI)
European Data Protection Supervisor (EDPS)
Data Protection
ECJ Ruled on Right to Trial Participation via Videoconference
The ECJ ruled on 4 July 2024 that Art. 8(1) of Directive 2016/343 does not preclude an accused person from participating in his or her trial by videoconference if he or she expressly requests to do so, provided that all necessary safeguards are in place to ensure that the trial remains fair. Read more
Dr. Anna Pingen
EU
Fundamental Rights
Procedural Safeguards
DMA: Bytedance (TikTok) Remains a Gatekeeper
In the case of Bytedance (TikTok) v. Commission (Case T‑1077/23), the General Court (GC) dismissed the action brought by Bytedance, the company behind TikTok, challenging the European Commission's decision to designate it a "gatekeeper" under the Digital Markets Act (DMA). Read more
Legislation
Digital Space Regulation
European Court of Justice (ECJ)
Overview of the Latest Developments Regarding the Digital Services Act
This news item continues the reporting on the latest developments concerning the Digital Services Act (the EU's landmark legislation for a safer, more transparent online environment) in the form of a chronological overview. Read more
EU
Legislation
Digital Space Regulation
Data Protection
GDPR in Practice: Experiences of Data Protection Authorities
On 24 June 2024, the EU Agency for Fundamental Rights (FRA) published a report looking at the experiences - in practice - of data protection authorities (DPAs) with the General Data Protection Regulation (GPDR). It comes in response to a request from the European Commission … Read more
EU
Agency for Fundamental Rights (FRA)
Data Protection
Berlin Regional Court’s EncroChat Battle – Third Round
In an order of 4 July 2024, the ECJ dealt with procedural effects of the EncroChat case. The reference for preliminary ruling (Case C-288/24, M.R. v Staatsanwaltschaft Berlin or “Stegmon”) only indirectly concerns the criminal investigations related to EncroChat. The question … Read more
EU
Area of Freedom, Security and Justice
European Court of Justice (ECJ)
European Investigation Order
Law Enforcement Cooperation
EPPO’s Operational Activities: April - June 2024
This news item provides an overview of the EPPO's main operational activities from 1 April to 31 June 2024. It continues the periodic reports of previous issues → eucrim 6 May 2024 // preprint issue 1/2024 and is in reverse chronological order. Read more
EU
European Public Prosectutor's Office (EPPO)
Eurostat Statistics on Prisons in 2022
On 29 April 2024, Eurostat published statistics on prisoners and prison occupancy in 2022. According to the publication, there were 483,593 prisoners in the EU in 2022. This is equivalent to 108 prisoners per 100,000 people. In 2021, the prisoner rate was 106 prisoners … Read more
EU
Area of Freedom, Security and Justice
Attempt for Second Reference for Preliminary Ruling in EncroChat Case
The Regional Court of Berlin lodged a second reference for preliminary ruling to the ECJ, seeking clarifications on the legitimacy of an operation against the encrypted network EncroChat, notably as regards possible breaches of the rules of the European Investigation Order Directive. Read more
European Investigation Order
Law Enforcement Cooperation
Spotlight ECJ Ruled in EncroChat Case
This news item features a summary and comment on the impact of the ECJ’s ruling in the EncroChat case. It is contended that the judgment leaves room for manoeuvre in that evidence obtained by a live French police hack of encrypted devices may be banned in German criminal proceedings. Read more
EU
Organised Crime
European Investigation Order
Law Enforcement Cooperation
Procedural Safeguards