The European Commission and U.K. Information Commissioner's Office (ICO) are responding cautiously to questions about the implications for trans-Atlantic data flows of reports that Elon Musk is accessing the personal data of millions of Americans. However, the Danish Data Protection Authority (DPA) recently warned businesses that the activities of the Trump Administration could threaten the EU-U.S. Data Privacy Framework (DPF).

The U.K. Information Commissioner's Office published guidance for collecting and keeping employer records. It aims to help employers understand their obligations under the UK General Data Protection Regulation and Data Protection Act 2018. The guidance is intended to be read alongside other guidance on data protection and employment, particularly the guidance on information about workers' health and monitoring workers, the office said.

The European Commission published draft guidelines on AI system definition to explain the practical application of the legal concept as used in the EU AI Act. The idea is to help AI providers and others determine whether a software system is an AI system. The guidelines aren't binding, and are designed to be updated over time as needed, the EC said.

Operators of online marketplaces that post free or paid advertisements may be exempt from liability for illegal content under the EU e-commerce directive if they're merely hosting providers, but they're liable under the General Data Protection Regulation (GDPR) for ensuring the security of users' personal data processed with regard to third parties, a European Court of Justice (ECJ) Advocate General (AG) said in an opinion Thursday.

The Hellenic Data Protection Authority launched an investigation into the legality under the General Data Protection Regulation of the DeepSeek AI application, it announced Thursday. The Greek regulator is also probing a personal data breach of WhatsApp users by spyware after the social media site notified the watchdog of the breach.

The European Data Protection Board will discuss DeepSeek at its Feb. 11 plenary. Several Data Protection Authorities are investigating the AI chatbot (see 2502030001). The board could also approve a statement on age assurance.

The U.K. Information Commissioner's Office (ICO) Wednesday launched a free online tool to help small organizations ensure their direct marketing activities comply with the Privacy and Electronic Communication Regulations and the U.K. General Data Protection Regulation. The direct marketing advice generator will provide "reliable compliance advice, tailored to their own direct marketing activities, in minutes," the ICO said. The tool covers email, SMS, direct mail, social media, telemarketing and more. It's "crucial" that organizations comply with direct marketing rules, the ICO said, because it avoids customer complaints and fines.

The Dutch Foundation for Market Information Research (SOMI) filed four cross-border class actions in Germany against TikTok and X. Announced Wednesday, the multi-billion-euro lawsuits seek injunctive relief and damages for violations of German and EU law, particularly the Digital Services Act (DSA), General Data Protection Regulation (GDPR) and AI Act (AIA). Leipzig, Germany-based law firm Spirit Legal announced the suits.

The European Commission published guidelines on prohibited AI practices under the European Union’s AI Act, the EC said Tuesday. The law’s AI prohibitions took effect Sunday (see 2501070022).

The Slovenian Information Commissioner Monday launched the "Become a Privacy PRO (tector)" project, an effort to raise awareness of personal data protection among children, young people and their caregivers.