Austrian authorities interpret GDPR access right In a case resulting in a recent decision of the Austrian Federal Administrative Court, the Court and the Austrian supervisory authority (Datenschutzbehörde) offered insightful interpretations of the General Data Protection Regulation (GDPR), particularly focusing on Article 15’s right of access. Most interestingly, the Court held that a data controller must inform the data subject, at his or her request, about the existence of automated decision-making, including profiling, even if the processing does not produce legal effects or similarly significantly affect the data subject. Serbia: Tax incentives for hiring unemployed extended until the end of 2024 The latest amendments to the Personal Income Tax Act and the Social Security Contributions Act, which will come into effect on 1 January 2024, extend payroll tax and social contributions incentives for hiring unemployed persons until the end of 2024 (the incentives were originally supposed to expire on 31 December 2023). CNIL decides that the French subsidiary of a Chinese parent company is the data controller An interesting aspect of CNIL's recent decision against SAF LOGISTICS, a French subsidiary of a Chinese company, concerns the issue of who of the two is the data controller. The Government of Serbia repealed most of the recent restrictions on clinical trials in Serbia As we reported, In August this year, the Government of Serbia adopted amendments to the Rulebook on clinical trials of human medicines ("Rulebook on Clinical Trials"), introducing significant changes to the clinical trials regime. “Tracking”, “monitoring”, and “profiling” in recent Clearview AI cases In the past two years, most recently on May 10, 2023, when the Austrian Datenschutzbehörde issued its decision, supervisory authorities in several European countries declared the processing of personal data by the company Clearview AI to be contrary to the GDPR. To determine whether GDPR applied to the processing of personal data by the company based in the United States, the authorities had to interpret the concepts of “monitoring”, “tracking”, and “profiling”.

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