EU electricity and gas market regulation

This subtopic contains the following content covering the regulation of the EU electricity and gas market:

  1. The following Practice Notes form a set of content covering the EU legislative framework governing the physical infrastructure for electricity generation, transport, and use in the EU (referred to as either the electricity network or grid) and EU wholesale and retail electricity markets:

    1. EU electricity system—structure and legal framework—provides an introduction to the framework of EU legislation governing the physical infrastructure for electricity generation, transport, and use in the EU (referred to as the electricity network or grid) and EU wholesale and retail electricity markets. It covers the evolution of EU electricity system regulation, from the first liberalisation of European energy markets in the 1990s to the Fifth Energy Package, as adopted in 2024 to revise the Electricity Directive (Directive (EU) 2019/944) and Electricity Regulation (Regulation (EU) 2019/943) in line with the EU’s decarbonisation goals. This Practice Note also sets out the key actors in the EU electricity system, and outlines their primary roles and obligations, including detail on the cross-border role of the European

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Automated decision-making and DSARs: right to access means a right to explainability (CK v Magistrat Der Stadt Wiendun & Bradstreet Austria GMBH)

Information Law analysis: The Court of Justice provided several clarifications around the scope of data subject access requests (DSARs) in the context of automated decision-making. The court held the determining factor for whether information constitutes ‘meaningful information about the logic involved’ under Article 15(1)(h) of the EU’s General Data Protection Regulation, Regulation (EU) 2016/679 (EU GDPR) is whether the information enables the data subject to understand the logic involved in automated decision-making involving their personal data. The court also held disclosure by controllers should be underpinned by the principles of transparency, which requires information to be clear, accessible and intelligible, both in terms of content and form, from the perspective of data subjects. In the context of automated decision-making this doesn’t necessarily mean providing the exact algorithm, if it doesn’t help the data subject’s understanding of the ‘how’. The court confirmed DSARs do not mandate the disclosure of trade secrets, but this can only be decided by the relevant supervisory authority or competent court, after assessing all relevant information provided to them by a controller. The protection of trade secrets cannot be used as a blanket excuse by businesses to withhold certain information from individuals making a request under Article 15(1)(h) of the EU GDPR. Written by Marija Nonkovic, associate at Kemp IT Law LLP.

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