Anticipating insightful debates on GDPR enforcement
You know this will be an insightful discussion – possibly even lively! GDPR privacy data protection
Scope: GDPR
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Previewing my data protection and adtech speaking engagements in May
Great events I’ll have the pleasure of speaking at in May: 1?? First, an IAPP web conference on adtech where I will be speaking alongside Dr. Sachiko Scheuing (with Joe Jones as moderator). “Adtech: Practical takeaways from recent EU developments”, on 7 May 2024 (4-5pm CET; 10-11am Eastern US). Organised by the IAPP – International […]
An objective, in-depth look at the EDPB opinion on pay or consent
Here it goes – my (preliminary) in-depth analysis of the EDPB’s Opinion on “Pay or Consent”. Some objective elements: – This Opinion is 42 pages full of repetition, vague concepts and emotional sections – It is based on an aversion to profile-based advertising that is never properly explained – It does not take into account […]
The striking flaws and logical gaps inside the EDPB consent or pay opinion
*Lots* to be said about the EDPB’s Opinion 08/2024 on “Consent or Pay”. One thing that strikes me throughout the document is the insistence on a “Free Alternative Without Behavioural Advertising” (= contextual ads). [Edit: full analysis now live: https://lnkd.in/eddQ4yW8 ] The reasoning goes like this: – if you are a “large online platform”, the […]
Can a corporate entity face GDPR fines for completely accidental human errors?
Can GDPR administrative fines be imposed for infringements that are not the result of either intent or negligence? (e.g. excusable, non-negligent human error) The CJEU Advocate General Campos S�nchez-Bordona says “No”. Others have already reported on the consequences of the new Opinion in the Deutsche Wohnen case (C?807/21) from the perspective of whether an undertaking […]
What to watch out for while we wait for the official EDPB opinion on Meta
So, while we wait to see the EDPB’s Opinion on “Pay or OK”, a few things to look out for: (i) is the EDPB really going to push for a “third” option for large platforms? On what authority? (ii) I have been observing for a while that data protection regulators are adopting increasingly anti-business practices, […]
Why pay or OK has become the ultimate regulatory battleground for Meta
Pay or OK” is one of the big topics of right now – and ahead of the EDPB’s expected Opinion aimed at Meta’s approach and further Guidelines with a broader scope, IAB Europe has published a useful reminder that “even on digital content or services that may be well-suited for contextual, the selling of non-personalised […]
Enterprise interest spikes for our upcoming adtech and metrics legal briefing
Great to see so many big and small(er) names of the adtech, publishing and metrics world have already registered for our 2h complimentary webinar taking place on 16 May at 3pm CET / 9am EDT, entitled “Adtech & Metrics: EU Law Evolutions and Tomorrow�s Legal Strategies”. GDPR, ePrivacy, DMA (Digital Markets Act) and DSA (Digital […]
The EU General Court reiterates the relative nature of personal data definitions
Personal data is a relative concept, EU General Court stresses in a new judgment – “it is necessary to put oneself in [the relevant organisation’s] position in order to determine whether the information transmitted to it relates to �identifiable persons�. The judgment reaffirms the conditional findings of the CJEU in its Breyer judgment (which found […]
Comparing ICO and EDPB guidance on pseudonymisation
My reading right now – the ICO recognising (unlike the EDPB) the relative nature of personal data and the moving scale of identifiability. This guidance on Pseudonymisation & Anonymisation looks more promising than what the EDPB had published! Link: https://lnkd.in/eN7DacRV GDPR privacy data protection