On 13 December 2022, the European Commission launched the process towards the adoption of an adequacy decision for the EU-U.S. Data Privacy Framework, which will foster safe trans-Atlantic data flows and address the concerns raised by the Court of Justice of the European Union in its Schrems II decision of July 2020.
The draft adequacy decision, which reflects the assessment by the Commission of the US legal framework and concludes that it provides comparable safeguards to those of the EU, has now been published and transmitted to the European Data Protection Board (EDPB) for its opinion. The draft decision concluded that the United States ensures an adequate level of protection for personal data transferred from the EU to US companies.
Key elements of the framework decision:
US companies will be able to join the EU-U.S. Data Privacy Framework by committing to comply with a detailed set of privacy obligations, for instance, the requirement to delete personal data when it is no longer necessary for the purpose for which it was collected, and to ensure continuity of protection when personal data is shared with third parties.
EU citizens will benefit from several redress avenues if their personal data is handled in violation of the Framework, including free of charge before independent dispute resolution mechanisms and an arbitration panel.
Undoubtedly, the need to exchange IT data has been increasing for several years. One of such areas is medicine, which has already become a relatively computerized field during the COVID 19 pandemic, e.g. obtaining a referral for vaccination in Poland consisted in issuing it in the Internet IT system, it could not be obtained in a traditional written form. This is a procedure that speeds up all medical procedures, which the European Union strives to achieve by creating and disseminating the MyHealth@EU program.
MyHealth@EU
MyHealth@EU is a program that accelerates the exchange of health informatics data and can be defined as the European Health Digital Service Infrastructure. The most important assumption is that E-prescriptions and patient cards will be available in all EU countries by the end of 2025.
It is a ready-made medical device made of living cells and biomaterials, i.e. biological elements, and printed using 3D technology. It will primarily apply to patients with type 1 diabetes who experience severe complications. This is a huge breakthrough and an original idea of Polish scientists led by Dr. Michał Wszoła. This is an opportunity for patients as effective as transplantation, and at the same time less invasive compared to pancreatic islet transplantation. As a result, it will require neither a deceased donor nor immunosuppressive treatment.
KIELTYKA GLADKOWSKI is taking part in second annual TR35 Festival which is the presentation by MIT Technology Review of the Innovators Under 35, accompanied with their success stories within biomedicine, computing, energy, and robotics, climate change, AI and materials science.
This is the meeting on online platform organized by the best technical university in the world.
KIELTYKA GLADKOWSKI takes part in such events, not only in the role of legal experts, but also as the intermediary between the investors and innovators and other entities whose cooperation enables commercialization of technologies presented at the events.
Copyright to archival public photos and photos of museum collections.
Polish law shows the lack of dedicated comprehensive legal constructions as to the rules on which the image of museum collections can be used by web designers. This problem seems to be an interdisciplinary issue and subject to standard copyright protection rules, despite the fact that more and more often the deregulation of IP rights for the digitization of cultural entities encounters comprehensive solutions at the statutory level as part of the implementation of EU solutions. An example of recent legislation is the ongoing work at the Polish Government Legislation Center on a draft amendment to the Copyright Act by introducing a new Art. 262 in order to provide “cultural heritage institutions” with systemic deregulation tools, standard IP protection for the reproduction of works for the purpose of text and data mining for the purposes of scientific research, thus implementing Art. 3 of Directive (EU) 2019/790 of the European Parliament and of the Council of 17 April 2019 on copyright and related rights in the Digital Single Market and amending Directives 96/9/EC and 2001/29/EC (OJ EU L 130 of 17.05.2019, p. 92).
