ePrivacy precedent: critiquing the CJEU’s interpretation of spam

One to watch. Based on the summary of the hearing, this looks like a continuation of the CNIL’s Orange decision and of the CJEU’s SwTL v eprimo case – if so, I fear we are going down a path of bad legal precedent after bad legal precedent. As I have previously commented, the eprimo judgment of the CJEU was one where the Court went beyond the actual meaning of the words and, in my view, created a legal argument to assimilate advertising that *seems* like it involves the use of electronic mail with advertising that *does* involve the use of electronic mail. A rare misstep of the CJEU in my view. See https://lnkd.in/e7-uXh-X for more information.
Data protection ePrivacy spam GDPR