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The General Court’s dismissal of the annulment action against the Consent or Pay Opinion may seem like an EDPB victory, but consider this: (i) The General Court just said “[t]hose are therefore opinions to which no special authority is attached” (para. 28). In other words, “it’s just paper”, or “what you say in there isn’t […]
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 […]
The Spanish AEPD updated its cookie guidance to take into account the EDPB’s “Consent or Pay” Opinion 08/2024 – changes on pages 29 & 30 in Spanish (see highlighting in the machine translation attached; pages 33 & 34 of the PDF). This shows exactly why the many flaws of the Opinion are problematic: they *are* […]
The Spanish AEPD updated its cookie guidance to take into account the EDPB’s “Consent or Pay” Opinion 08/2024 – changes on pages 29 & 30 in Spanish (see highlighting in the machine translation attached; pages 31 & 32 of the PDF). This shows exactly why the many flaws of the Opinion are problematic: they *are* […]
The Spanish AEPD updated its cookie guidance to take into account the EDPB’s “Consent or Pay” Opinion 08/2024 – changes on pages 29 & 30 in Spanish (see highlighting in the machine translation attached – pages 31 & 32 of the PDF). This shows exactly why the many flaws of the Opinion are problematic: they […]
The Spanish AEPD updated its cookie guidance to take into account the EDPB’s “Consent or Pay” Opinion 08/2024 – changes on pages 29 & 30 in Spanish (see highlighting in the machine translation attached). This shows exactly why the many flaws of the Opinion are problematic: they *are* having an impact on DPAs’ practices. More […]
I’m looking forward to this exchange! The title is a reminder that if you are looking for “A critical analysis of the EDPB’s “Pay or Consent” Opinion” you can already read up on one here: https://lnkd.in/eddQ4yW8 Or more on the fundamental freedom to conduct a business, and its potential impact on the fundamental right to […]
This week our 2h (free) webinar on adtech & metrics, next week 3 (!) speaking slots at CPDP in Brussels. “Consent or Pay”, profile-based ads versus (or plus) contextual ads, AI and advertising, European Data Strategy, … Loads of content that I will be touching upon during all of these sessions! 1?? Join us for […]
This one will probably not come as a surprise, but it shows that the EDPB’s “Consent or Pay” Opinion does not represent the only possible view. [In fact, Thomas Fuchs, the Hamburg Data Protection Commissioner and one of the key instigators & authors of the EDPB’s Opinion, has explicitly distanced himself from it, saying that […]
Should businesses really consider making a product fully free, with no ads, nada? During the IAPP video call on the EDPB’s view on its “Consent or Pay” opinion, I was struck by the following instruction for businesses: “first, consider whether you can provide it [= the service/product] for free”. [see at 35m21s in the video […]
