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  • IAPP UK 2025: panel on adtech

    IAPP UK 2025: panel on adtech

    15 January 2025
    Events

    In London on 12 March for the IAPP DPI25 conference? Come to our great panel (ICO rep, UK lawyer, US lawyer & me) on “PETs, AI and Cookieless: Framework for New Adtech and Metrics Approaches”. It is quite the panel, with a super list of topics: Speakers:– Hannah Crowther (Partner for Data Protection & Privacy…

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  • Bindl – preliminary comments

    10 January 2025
    CJEU, TODO

    The Bindl judgment is significant. Some positives for controllers/processors: (i) hypothetical, unproven data transfers are not transfers (“the mere risk of access to personal data by a third country cannot amount to a transfer of data” – para. 135);(ii) repeating the principle (for EU Institutions’ non-contractual liability, but similar ones exist in most countries) that…

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  • Mousse – first thoughts

    9 January 2025
    CJEU

    First thoughts on the CJEU’s Mousse judgment (“is Mr/Mrs necessary?”): (i) alternative apparently required to each personalisation; (ii) data minimisation is inherent to the assessment of (strict) necessity; (iii) the risk of discrimination has an impact on a legitimate interest assessment. I’ll focus for now on (i). The CJEU appears to require the offering of…

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  • On the legality of ad blockers

    30 December 2024
    Data law news

    I saw another post like “want to use [content ABC] for free & legally? Use this ad bypasser”. This one was on how to play music on a big video platform by using a specific browser to avoid any “annoying ads”. Setting aside ethical concerns, is it really “legal”? Some (e.g. one of the most…

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  • Retrospective for 2024, and trends for 2025

    29 December 2024
    Data law news

    Looking back + forwards, 4 big topics for me on LinkedIn in 2024 & likely still for 2025 are the following:– ePrivacy– “Consent or Pay”– AI & personal data– Cybersecurity The key ePrivacy topic was the European Data Protection Board’s guidelines on the technical scope of Art. 5(3) of the ePrivacy Directive – basically, “to…

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  • Op-ed: AI training data = (non-)personal data? And is consent really relevant?

    Op-ed: AI training data = (non-)personal data? And is consent really relevant?

    14 October 2024
    EDPB

    The European Data Protection Board is at it again: an urgent procedure has been launched to obtain clarification on “some of the core issues that arise in the context of processing for the purpose of developing and training an AI model”. The aim? To bring “some much needed clarity into this complex area”. Yet the…

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  • CPDP2024 – EU data strategy panel recording

    4 June 2024
    Events

    A must-watch: here is the recording of our fun CPDP2024 panel discussion on the EU data strategy (covering GDPR, DMA, AI Act, fundamental rights, Pay Or OK and much more re data protection). The other panel participants were Patricia Vidal Martinez, Luca Bolognini and Rob van Eijk, and it was moderated by Cecilia Alvarez. Really…

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  • Op-Ed: Who dares question the primacy of data protection?

    Op-Ed: Who dares question the primacy of data protection?

    7 May 2024
    Data law news

    Let the name-calling begin. Companies looking to leverage data are now told that it is just like they are responsible for oil spills, cancer and drug cartel violence. As a lawyer working for some of the companies facing these absurd comparisons, I thought I would tackle another controversial stance now: just how absolute (or relative)…

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  • Op-Ed: A critical analysis of the EDPB’s “Pay or Consent” Opinion

    Op-Ed: A critical analysis of the EDPB’s “Pay or Consent” Opinion

    18 April 2024
    Data law news, EDPB

    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…

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  • Op-Ed: If AI replaces work for junior lawyers, what happens next?

    Op-Ed: If AI replaces work for junior lawyers, what happens next?

    14 February 2024
    Data law news

    “AI won’t replace you – a lawyer who uses it will” is quickly becoming a cliché – but what about junior lawyers and the next generation(s)? A newly published study on legal contract review brings this question again into focus (Better Call GPT, Comparing Large Language Models Against Lawyers), as it concludes that “LLMs perform…

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Data Laws

Commentaries & news on data law evolutions (GDPR, ePrivacy, AI and more) in the European Union and beyond.

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