The European Commission’s enforcement priorities and future plans

This e-presentation will present the European Commission’s latest competition policy initiatives with a focus on the evaluation of Regulation 1/2003 and the reviews of the Market Definition Notice and the Horizontal Block Exemption Regulations and Guidelines. It will also discuss recently adopted legislation such as the new Vertical Block Exemption Regulation and the Digital Markets Act.

Inge Bernaerts

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Question 1 of 3

Question 1: According to the GDPR (Art. 22):

The data subject shall have the right to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.

The data subject shall have the right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her.

Question 2 of 3

Question 2: In light of recital 71 GDPR:

Decision-making based on Automated Decisions, including profiling, should not be allowed even if expressly authorised by Union or Member State law to which the controller is subject.

Decision-making based on Automated Decisions, including profiling, should be allowed where expressly authorised by Union or Member State law to which the controller is subject.

Question 3 of 3

Question 3: According to the author the accountability principle shifts the burden of proof of legality of Automated Decisions:

On the data subject.

On the controller.

On the processor.

The European Commission’s enforcement priorities and future plans

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