The recent ECJ judgment in Case C-65/23 (MK v K GmbH) delivers a clear and far-reaching message for employers across the EU: a works agreement cannot serve as a valid legal basis under the GDPR.
A potential AI Act vs GDPR conflict might arise from the tension between the AI Act’s goal of addressing algorithmic bias and the GDPR’s strict privacy protections, making it difficult for companies to process sensitive personal data for that purpose while remaining compliant.
The recent European Court of Justice (ECJ) Advocate General's opinion in case C-203/22 is an important development in addressing how companies using artificial intelligence (AI) can balance automated decision transparency with the protection of trade secrets, while complying with the requirements of the GDPR.
