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The European Data Protection Board (EDPB) can adopt various legal instruments, including Guidelines and Opinions, that are formally non-binding. Yet if supervisory authorities rarely (if ever) depart from them, controllers and processors structure their compliance efforts around them, and data subjects rely upon them in complaints and litigation, perhaps that formal status deserves a second […]
The clear repudiation of an “absolute” concept of personal data has thrown a sharp focus on the process of pseudonymisation in the world of data protection. Through its SRB judgment of 4 September 2025, the Court of Justice of the European Union (CJEU) made it clear that personal data that has undergone pseudonymisation can be […]
When I pointed out issues with the DMA-GDPR Guidelines & resulting risks for *all* controllers (not just gatekeepers), the EDPB’s Gwendal Le Grand said something to the effect of “Don’t just post about it, submit a response”. So here we go, a copy of the response submitted yesterday to the public consultation by the Commission […]
Not a gatekeeper? No matter – the DMA-GDPR Guidelines of the EDPB & European Commission are important: the EDPB’s input aims to ensure consistency in the interpretation of the GDPR. I’ll go through all 55 pages before next week’s great CEDPO panel with the EDPB’s own Gwendal Le Grand, Borja Martínez Corral and our moderator […]
The European Commission’s announcement that it will consider simplifying regulatory regimes, notably in relation to data and technology, seems to open Pandora’s box. Is it a chance to draw lessons from what works well and what works less well? In this series on “Better Regulation” in relation to the digital economy, I will be exploring […]
Illustration: Dall-E rendering of just how potentially evil the European Data Protection Board (EDPB) and certain privacy rights campaigners view the “Pay or Consent” approach + large companies. I didn’t try to get any drug cartel references in there, though as a lawyer acting for adtech companies I have been likened to a drug cartel […]
Reading through the CNIL’s new decision against Yahoo on cookies brings back to mind a question that has stuck with me for well over a decade: what is the exact reasoning that has led many EU-based authorities to say that advertising cookies/etc. are not strictly necessary for the provision of a service, and why does […]
