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Out of the blue, I just received an invitation to apply for a job as Tax legal advisor. Contrary to their belief (hopefully not yours), I have developed a different kind of expertise (maybe I should offer my services to help them improve their understanding of their data). If, unlike them, you think I might […]
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 […]
Did I get this right? Thierry Breton at the European Commission is suggesting that a specific form of advertising (“contextual” – i.e. ads based on limited data) is required by the DMA, as an alternative to another (profile-based advertising), and that a “consent or pay” approach might not be permitted (the Commission apparently has “serious […]
Getting some serious “You wouldn’t steal a car”* vibes from NOYB’s “Imagine having to pay for privacy in your own car” consent-or-pay allegory. I have been advising on the idea of “consent or pay” (or “pay or data”, “pay or OK” or however you wish to call it) for a few years now, and the […]
The privacy discourse is often one-sided: regulators and campaigners are vocal (“fundamental rights violated”, “illegal consent”), and few want to push back in public (lawyers because they are not keen on voicing their opinion, businesses because they fear drawing attention to themselves) – even though the GDPR *allows* interferences with privacy and data protection rights […]
Is this about having their cake and eating it too? Norway, Netherlands & Hamburg want European regulators to take a position on “pay or consent” (or “pay or OK” or “pay or data”, however you wish to call it), and the Norwegian data protection authority says in this respect that “it will still be possible […]
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 […]
Surely you don’t need consent to display a user interface? UIs illustrate issues re the EDPB’s strict ePrivacy guidelines, combined with a strict approach re consent exemptions. After all: – UIs are programming instructions (e.g. in HTML, CSS, Javascript in the case of websites) so that your browser / OS / … knows how to […]
Just over two weeks to go to comment on the extremely extensive ePrivacy guidelines of the EDPB, now covering pretty much any interaction with the Internet or a computer. Working on one anonymised response in particular to integrate concerns of certain organisations, I wonder once more why the EDPB did not seek to better justify […]
So consent will be needed for contextual ads? Why limit ourselves then?” Top 5 concerns and questions shared with me by various clients re new EDPB�ePrivacy�guidelines: 1. “Do they even understand the technology?”: Overbroad notion of “access” is regulatory activism at its worst, coupling active notion of “access” to passive receipt, conflating individual entering into […]
