In German case law the stance was taken recently that questions on a test undertaken by a specific individual do not constitute personal data within the meaning of the General Data Protection Regulation (“GDPR”). The court’s position is that these questions, therefore, should not be included in the copy of data issued or provided in accordance with Article 15(3) of the GDPR (right to access to personal data undergoing processing).

As background, in December 2022, the EU Council adopted the policy programme ‘Path to the Digital Decade’, aiming to facilitate a seamless transition to digital transformation by 2030, aligning with EU values. This program sets specific digital targets for EU countries to achieve by 2030, including the development of national trajectories and strategic roadmaps to enhance digital infrastructure's security, accessibility, and sustainability. Notably, a key focus area of the EU digital strategy is digital services.

On February 2, 2024, BBH announced that the Kaprain Group's acquisition of Mafra Publishing and Synthesia from Agrofert Holding (reported by CEE Legal Matters on September 7, 2023) had closed.

Herbst Kinsky has advised European B2B software group Everfield on its acquisition of Austria's FENZ-Software.

The broader online advertising sector will be affected by the EU Digital Markets Act (DMA) and Digital Services Act (DSA), even though they apply directly only to certain types of organisations, with expanded obligations on the largest organisations.

The GDPR generally prohibits the processing of data relating to sexual orientation. In practice, this can be an obstacle to efforts towards inclusion.