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The linguistics” – that’s what I said was intriguing about the AG Opinion in a GDPR class action case (Meta v BVV, CJEU case C-757/22) when Global Data Review asked me for a quote. This case deals with Art. 80(2) GDPR, which allows EU Member States to adopt (if they wish) laws to permit (consumer […]
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 […]
Interesting new CJEU judgment on “controllership” (but only limited considerations re “joint controllership”) and perhaps incidentally broadening the legal ground of “legal obligation” under the GDPR. The CJEU says that legal provisions can determine the purposes and means “at least implicitly”, which is not exactly what some authorities had considered previously. The context: the Moniteur […]
As a Data/Tech lawyer and software developer, I love innovation. But I am also cautious about using solutions without first knowing which problem precisely they will solve – or using technology without first thinking about issues that may arise from their use. I have been helping companies on the use of artificialintelligence tools for several […]
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 […]
With the New Year comes a reminder that many companies update their contractual terms / privacy statements / etc. around this time – so keep track of what is happening. [A while ago I built a monitoring tool for one client to automatically keep them informed of updates (even small ones) to various legal documents […]
Thanks Eduardo Ustaran for hosting and moderating this roundtable, where I will also have the pleasure of discussing “Pay or OK” and targeted advertising with Townsend FEEHAN (IAB Europe), Cecilia Alvarez (Meta), Miko?aj Barczentewicz (University of Surrey) and David Pfau (Conreri). Looking forward to this! gdpr data protection eprivacy
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 […]
Last week, I questioned the European Data Protection Board’s very authority to adopt its newly published Guidelines 2/2023 on Technical Scope of Art. 5(3) of ePrivacy Directive (i.e. the so-called “cookie” rule), guidelines according to which those rules should also apply to a broad range of other technologies and information, such as IP addresses, pixels […]
