Here it goes – my (preliminary) in-depth analysis of the EDPB’s Opinion on “Pay or Consent”.
Some objective elements:
– This Opinion is 42 pages full of repetition, vague concepts and emotional sections
– It is based on an aversion to profile-based advertising that is never properly explained
– It does not take into account the EDPB’s own positioning regarding Art. 5(3) ePrivacy Directive
Beyond that, some things from the “business” perspective:
– The Opinion only pays lip service to the freedom to conduct a business and never describes how the non-absolute nature of the right to data protection should interact in a proportionate manner with that freedom
– The Opinion introduces uncertainty where previously national regulators had been clearer
– The Opinion pretends to go for a recommendation but shows the disapproval that (some?) regulators feel vis-�-vis the practice
– The Opinion ignores user agency and seems to reward user apathy
All in all, I would expect this Opinion to be brought into question.
It’s a long analysis – so take your time!
Read it here: https://lnkd.in/e5JZnDPS
data protection gdpr eprivacy
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