CCIA Europe recently spoke with experts Théodore Christakis (Professor of International and European Law) and Etienne Drouard (Partner at Hogan Lovells) about the European Data Protection Board’s (EDPB) upcoming opinion on data processing for AI model training.
In this video, they explore the challenges of balancing privacy protection with innovation, as well as the need for practical, flexible guidance that addresses real-world applications while fostering legal certainty.
Can the European Union craft privacy solutions for the AI age that are protective yet feasible?
Christakis: “The EDPB opinion will be a litmus test for Europe’s ability to move from theoretical discussions to practical solutions that enable AI and data-driven innovation. Striking this balance is essential if Europe wants to protect privacy, while competing effectively on the global stage.”
Drouard: “Scraping of data and training AI should be compatible with the General Data Protection Regulation (GDPR) and legitimate interest. This means protecting people – not asking for their consent, but minimising and filtering data, providing rights to individuals.”
Drouard: “The EDPB has no legal power, it’s also not a legislative institution. Therefore, it cannot play any role in interpreting the AI Act and its interplay with the GDPR. And I hope we will get a roadmap rather than prohibitions, especially on legal grounds or legal bases.”
Christakis: “The biggest challenge is drafting guidance that is protective, yet feasible in the real world.”
