EDPB Resolves Data Transfer Dispute of Meta and Creates ChatGPT

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The European Data Protection Board (EDPB) announced on 13 April 2023 the adoption of a binding decision on the legality of data transfers to the US by Meta Platforms Ireland Limited (Meta), relating to its Facebook service. This decision resolves an ongoing dispute between the Irish Data Protection Commission (DPC) and several other European Data Protection Authorities (DPAs) on the legality of the data transfers. According to the EDPB, the decision requires the DPC to adopt a final decision within one month after the EDPB’s notification.

At the same time, the EDPB has also discussed the temporary ban imposed by the Italian data protection authority (Garante) on OpenAI, L.L.C. and their ChatGPT service. As a response, the EDPB has decided to form a dedicated task force, so it can cooperate and exchange information on any enforcement actions between the different DPAs.

Meta is an Irish company providing development support to Facebook. It was founded in 2020 and provides services like user-friendly platform integration into existing websites, Apps and other customer-owned platforms. Meta’s services are used to help customers with product engineering, marketing, data science, and AI.

Garante is an Italian data protection authority monitoring compliance to the national, European and international data protection laws. It operates independently of the Italian government and was established by the legislative decree 25 November 2004.

OpenAI, L.L.C. is a US-based AI research laboratory established in 2015. Their mission is to ensure that the progress of AI enhances rather than threatens humanity. Their most recently developed application, ChatGPT, is an AI-powered chatbot designed to converse with humans in natural, human-like language. It is primarily used to automate customer service requests and provide solutions to customer queries.

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This article highlights the European Data Protection Board’s (EDPB’s) resolution of a dispute concerning data transfers to the US by Meta Platforms Ireland Limited, and the Garante’s ban of OpenAI’s ChatGPT. With this decision, the EDPB has created a task force to assist with data protection enforcement actions between different European Data Protection Authorities.

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