Italian court annuls €15M OpenAI GDPR fine on jurisdictional grounds under EU one-stop-shop rule
By
Luis Rijo
Fresh out the oven, still warm. Top of the tray.
Summary
A Rome tribunal annulled Italy's €15 million GDPR fine against OpenAI, ruling that the Italian data protection authority (Garante) lacked jurisdiction once OpenAI established an Irish subsidiary in 2024. The decision turns on a procedural point under EU data protection law's "one-stop-shop" mechanism, which designates the lead supervisory authority based on the company's main establishment in the EU. This ruling carries significant implications for how regulators across the European Economic Area handle cross-border AI enforcement, potentially limiting the ability of individual national authorities to act against tech companies that have established their EU headquarters elsewhere.
Key quotes
· 3 pulledA Rome tribunal this month published its full reasoning in a ruling that annuls Italy's €15 million GDPR fine against OpenAI - a decision that turns almost entirely on a single procedural point under EU data protection law
Judge Damiana Colla ruled in favour of OpenAI OpCo, LLC, annulling the fine
the ruling carries significant implications for how regulators across the European Economic Area handle cross-border AI enforcement
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