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On the Criteo decision of the French Conseil d’État: beyond the question of whether online identifiers are sufficient for identification (see below), this is a typical case of a court keeping fines 100% intact after questioning the scope of processing. It’s not the first time I have seen this: a court says “this isn’t all […]
Is “personal data” an asset? A study on human dignity & data protection has been released that on paper sounds like it should cover all the key topics. Its authors argue that individuals are “the primary right-holders in relation to the processing of their personal data” and that these “are dignity-relevant manifestations of the person […]
Interesting study on where human dignity and data protection come together, worth the read. I’m not convinced by some parts, though, as there is too much room left for subjectivity in the way certain things are worded. The authors suggest 7 guiding principles, but of particular interest to me were their suggested 6 limits to […]
Some thoughts on the leaked EU Council draft compromise re the GDPR parts of the Digital Omnibus: – This draft reads as a major lobbying win by data protection authorities and civil society. The EDPB would be given more power, the Commission no supervision, and a lot of the more business-friendly proposals would be removed […]
[This is a translation of an op-ed in French that was published in the French journal Revue Politique on SRB and the Digital Omnibus, plus the newest EDPB & EDPS Joint Opinion on the topic. The original in French can be found on the Revue Politique website. + The banner image is a jest – […]
Very glad to see the EU Court of Justice confirm that EDPB binding decisions are challengeable, like the Advocate General had suggested beforehand. I commented the AG Opinion at the time, applauding it for its clear position in the topic. The CJEU’s reasoning is very similar to that of the AG: – “[the EDPB’s binding […]
Not just a good excuse to brush up my limited German! Yesterday’s dual-language event in Zurich was an excellent blend of discussions regarding the concept of “personal data” and the tensions with data sharing frameworks. The juxtaposition of my opening keynote (in English) on case law on the notion of personal data (+ Digital Omnibus […]
What to expect from the EDPB and EDPS on 10 February re the Digital Omnibus on GDPR and ePrivacy? Today I had the privilege of attending an event organised by The Lisbon Council with a very select group of representatives of companies, industry associations, BEUC, the Commission and the EDPB. We discussed the Digital Omnibus […]
When do contracts have to be provided in response to a data subject access request? And should a controller maintain a copy thereof to enable data subject requests? A new Belgian DPA decision deals with this issue, applying the EU Court of Justice’s CRIF judgment to the issue of bank account contracts. Article 15 GDPR […]
How a simple sentence in your privacy notice can restrict your digital marketing: the Belgian DPA issued an injunction to adapt digital marketing practices for a fitness club that had sent marketing e-mails to a club member, including for non-sporting events. The case highlights a classic misalignment between documentation and marketing practices, as well as […]
