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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 Irish DPC’s guide on accessing data on behalf of someone else remains relevant but incomplete. (It dates back to 2021 and has just been republished, in case anyone thought it sounded familiar.) It touches upon a very difficult issue – and one less clear-cut than the Irish DPC suggests. Yes, there are good reasons […]
If the European Commission unveils the (final) full Digital Omnibus proposals on 19 November, what will they cover? Many of us will discuss this during panels at the IAPP conference, but those might be gut reactions depending on the timing of the publication by the Commission. Glad to announce that I will be exchanging on […]
Don’t know the candidates, the selection criteria, or how the Irish DPC appointment committee was selected. Still I find it a bit unfortunate that a formal complaint is being placed based on a person’s past experience. Nothing in the complaint filed before the European Commission (irrespective of its (in)admissibility) demonstrates any actual conflict of interest. […]
The Irish Data Protection Commission’s statement of 21 May 2025 “on Meta AI” (just like the judgment coming today in a German court case) provides a great excuse to talk briefly about GDPR legal grounds & AI model training, while I continue to work on the next part of my Better Regulation series (that next […]
A step towards EDPB accountability? Advocate General sides with WhatsApp in CJEU case on whether EDPB binding decisions can be challenged directly. Sure, it’s “just” an AG Opinion, but it’s well researched and argued. What it says: 1. What is a challengeable act? The AG says that some circumstances are *irrelevant* to assessing whether an […]
After last week’s EU General Court judgment in the Irish DPC vs EDPB case, some claimed that this makes EDPB Guidelines and Opinions unassailable. (Yes, really.) That’s wrong. Let’s look at what the judgment means for the EDPB’s authority – and some issues it raises: 1/ Scope of EDPB binding decisions The judgment of the […]
The European Data Protection Board is at it again: an urgent procedure has been launched to obtain clarification on “some of the core issues that arise in the context of processing for the purpose of developing and training an AI model”. The aim? To bring “some much needed clarity into this complex area”. Yet the […]
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 […]
