The Market Court decision is out in the IAB Europe / TCF vs Belgian DPA case, and its conclusion is nuanced (as one of the few to have truly read the judgment, trust me on this): (i) TC Strings are (were?) personal data under TCF 2.0, (ii) IAB Europe is (was?) joint controller regarding TC […]
Heated exchanges at our “Pay or OK” workshop yesterday at CPDP, in particular between Max Schrems, Peter Hense ???????? and Lex Zard on the one hand and Cecilia Alvarez, Dirk Auer and myself on the other hand, with Miko?aj Barczentewicz moderating and economic input from Garrett Johnson. Perhaps the overcrowded room without ventilation played its […]
At CPDP this Wednesday and Friday, with three speaking appearances – be sure to stop by if you would like to chat! 1. 22 May, at 10:30: Hackathon workshop on “Advertising and data protection in an AI driven world Link: https://lnkd.in/eaND-m8i 2. 22 May, at 14:15, workshop on “Pay or OK: Law & Economics Meets […]
Since November 2023*, I have been giving lots of thought to EDPB accountability – and how to challenge it. The recent General Court judgment setting aside Meta’s challenge to the Consent or Pay Opinion appears at odds with the Advocate General’s Opinion in the CJEU case regarding a WhatsApp binding decision of the EDPB. The CJEU […]
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 […]
Better Regulation: Rethinking (or getting rid of?) the ePrivacy Directive” – going past the soundbites, this is a hard look at the ePrivacy rules and whether they should still exist today. Readers will know I have often criticised the European Data Protection Board’s views on Article 5(3) of the ePrivacy Directive (the “cookie” rule) because […]
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 […]
AI won’t replace you, you’ll be replaced by someone who uses AI” – or perhaps “you will replace someone who uses AI badly”? A U.S. lawyer appears to have ignored key�AIgovernance�rules, in a case where ChatGPT was asked to do legal research on behalf of the lawyer and ended up making up references (very realistically […]
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* […]
