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By Vincent WELLENS, Avocat à la Cour, Ottavio COVOLO, Avocat à la Cour Aline BLEICHER, Avocate, NautaDutilh Avocats Luxembourg S.à r.l.
Does the trade secret status of an algorithm prevail over the data protection rights of individuals affected by an automated decision-making system? What is the precise scope and nature of the information that must be provided to ensure compliance with the GDPR’s right of access obligations in this respect? These pivotal questions were addressed by the Court of Justice of the European Union (“CJEU”) in its decision published on 27 February 2025 in Case C-203/22 (Dun Bradstreet Austria).
Against the backdrop of rapid technological advancements in artificial intelligence (“AI”) and increasing...
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