Winning asset for innovation AND safeguard for fundamental rights in a Big Data analytics and AI environment In the current globalized and interconnected market, the wise management of (personal) data is one of the key factors for the success of an enterprise. Incredible resources lie silent between the folds of personal information. While new technologies, data analytics software and AI are more and more lustful for information and data to be fed with, the current EU legal framework (led by the notorious General Data Protection Regulation, “GDPR”) dictates a number of entangled and scalable provisions. In particular, the newly-introduced accountability principle, as well as the general risk-based approach and the privacy-by-design principle of the EU GDPR have paved the way for the rising of new models of privacy and data protection compliance. The latter, instead of consisting in a “zero-sum” game, can be shaped in order to achieve both compliance AND added value. The ability of software designers and IT experts in embedding privacy and data protection principles right within the code will more and more play a paramount role in defining successful and ethical business models. Finally, considering the raising awareness in the public of the risks for their privacy and data, it should not be underestimated how the “privacy-enhanced” nature of a good or software will become more and more an incredible commercial element in marketing initiatives.

1. SFSCON
November 12th, 2021
Avv. Federico Sartore
Senior Associate – PANETTA
the oil of the 2020s
Privacy and Data Protection of the future:
www.panetta.net

2. The value of privacy in the data driven economy
Source: https://ec.europa.eu/newsroom/rtd/items/713444/en
2021: what happens in an internet minute?
Fines for violations
of privacy law
The risk of data
breach
96% of US users opt
out of app tracking in
iOS 14.5
Google is pushing users
to adopt Two-Factor
Authentication
Facebook announced it
will remove its Face
Recognition system

3. The relentless advancing of the technological revolution has led the European legislator to intervene decisively to
regulate the new technologies and the current globalized and interconnected market, in order to guarantee, on the
one hand, the protection of the fundamental rights and freedoms of individuals and, on the other, a fruitful and
productive development of the Digital Economy.
Ø Directive 2000/31/EC ("E-commerce Directive")
Ø Directive 2002/58/EC ("E-Privacy Directive", waiting for the new "E-
Privacy Regulation")
Ø Directive 2015/2366/EU (second Payment Services Directive, "PSD2").
Ø Regulation 2016/679/EU ("General Data Protection Regulation")
Ø Regulation 2018/1807/EU (on the processing of non-personal data).
EU Legal Framework

4. Work in progress: the new proposals of the European Commission
Submitted on November 25, 2020, as
part of the "European Strategy for Data".
Submitted on December 25, 2020, as part of the European Digital Strategy,
"Shaping Europe's Digital Future".
Ø Data Governance Act
Ø Data Services Act
Ø Data Markets Act
Ø Artificial Intelligence Act
Submitted the draft "Regulation on the European Approach for Artificial
Intelligence" on April 21, 2021.
EU Legal Framework

5. Focus: the General Data Protection Regulation
Main principles
ü Lawfulness and Fairness
ü Transparency
ü Accountability
ü Risk based approach
ü Privacy by Design
ü Privacy by Default
The ability of software designers and IT experts in
embedding privacy and data protection principles
right within the product will play a paramount role in
defining successful and ethical business models.

6. Senior Associate – PANETTA Studio Legale
FEDERICO SARTORE
www.panetta.net www.strandadvisory.eu www.ptpservices.eu
Senior Consultant – Strand | PTP Privacy & Tecnology Professionals
Piazza Colonna, 355
00187, ROMA
f.sartore@panetta.net