Just one month to go for comments on the EDPB’s new ePrivacy guidelines, so here’s a reminder of why you *should* respond if your company has digital activities: – The new EDPB guidelines concern the scope of Art. 5(3) of the ePrivacy Directive, which was never only about cookies but about the storing of information […]
New Belgian Data Protection Authority decision on video surveillance: don’t do permanent surveillance of employees. Questions remain, but without more background (name of the stores, history of theft within the stores etc.) it’s difficult to assess whether the BDPA was right in its assessment. The decision mentions the fact that cameras were deployed in 6 […]
Does your business use profile-based advertising / personalised advertising, whether as publisher, advertiser or adtech intermediary? You will want to tune in to the free webinar this Friday at noon CET in which I will be discussing key topics regarding the GDPR, DSA and ePrivacy rules and the “consent or pay” debate – as well […]
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. […]
This is a big one – the Polish Supreme Administrative Court confirms that cookies & IP addresses aren’t always personal data (even in case of use of Google Analytics), and the burden of proof that they are in specific circumstances rests on the national authority, not the controller. It’s another good application of the EU […]
I received a few questions re the recent Danish & Polish positions on what is “personal data”. Here’s my take: 1. Summary of SRB, building on the CJEU’s Breyer/Scania/OLAF judgments As highlighted in my deep dive on the SRB judgment of the EU Court of Justice (CJEU), information that is pseudonymised (= “Pseu’dData”) by an […]
Good & bad of the new CNIL study on perception of digital services and readiness to pay vs targeted advertising: 1. “Paid offers that allow them to better protect their personal data”: This line in the CNIL write-up shows part of the issue. Campaigners and some regulators view “pay or OK” approaches – i.e. “subscription […]
Interesting judgment from Germany regarding the scope of the right of access – and in particular the extent to which the rights of others (here: a person making a statement) are taken into account to exclude (or not) certain information from the scope of a response. In this particular case, the Labour Court found that […]
You won’t often find in-depth and reasoned articles on the Political Ads Regulation and Digital Services Act – this is a good one. I don’t agree with everything that is said, but it definitely deserves a wide audience for pointing out some of the issues caused by legislative ambitions detached from practical challenges of compliance.
Great insights from Brian Clifton on the scope of cookie audits.