How a new legislative amendment shifts the Belgian DPA toward a judicial approach

Belgian Data Protection Authority moving towards more judicial approach? In a newly adopted law, the Belgian legislator makes various changes to BDPA, notably requiring the President of the Litigation Chamber to be “a magistrate” and increasing the Litigation Chamber’s power to adopt interim decisions. For over 4 years now, Hielke Hijmans has been in charge […]

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An Austrian ePrivacy decision reveals the deep flaws in cookie compliance

Another (Austrian) decision showing the pressing need for a better ePrivacy approach. “[C]ookies set by the Google reCAPTCHA service are not necessary for the operation of a website […] regardless of the fact that preventing bot input is advantageous for website operators. The implementation of reCAPTCHA is not technically necessary for the operation of the […]

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How AI hallucinations clash with data subject rights under the GDPR

AI Hallucinations and Data Subject Rights under the GDPR: Regulatory Perspectives and Industry Responses” – really insightful paper on the links between the GDPR and the way AI models work. Worth the read (and do check out the links on page 4, not just the one to my op-ed on the issue – https://lnkd.in/eYXabSfs – […]

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Will the Mayer case become the classic Streisand effect example for LLMs?

Will the “Mayer” case soon be the “Streisand effect” example for LLMs? As a reminder, there is much to be said about whether there is any processing of personal data in AI models and LLMs in particular – see my in-depth analysis here: https://lnkd.in/eVuiU5QJ

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Why the extended public consultation deadline for ePrivacy guidelines matters to you

Very important public consultation – and now we have 3 additional weeks to respond. More insights: https://lnkd.in/dGWtcQCA eprivacy cookies data protection

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Time is running out to comment on the expansive new EDPB tracking rules

Just over a month left to comment on the EDPB’s expansive ePrivacy guidelines*. Your business is more impacted than you think, so react quickly. Here are some observations based on my discussions with clients: – This has a very broad impact and has got several sectors worried, notably traditional digital service providers who see the […]

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The Belgian DPA targets shared customer loyalty schemes among retailers

The Belgian DPA’s newest decision – about a shared customer loyalty scheme allowing participating retailers to have up-to-date data regarding a customer, some of the data coming from national identity cards – is worth a read. [Skip pages 8-35 if not a Belgian data protection lawyer, though] Q1: (Joint) controllership? [paras. 215-232] The Belgian DPA […]

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Inside the Belgian DPA management plan for aligning sanctions with EDPB fine rules

One of the tidbits in the Belgian Data Protection Authority’s “Management Plan 2024”: “Setting a sanctions policy, taking the EDPB’s guidelines on fines into account” (action point for 2024 for the Litigation Chamber). Interestingly for the broader question of the legal value of EDPB guidelines, this sanctions policy is described elsewhere in the document as […]

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Can you actually afford a free alternative tier under pay or OK rules?

Pay or OK: can you afford to have a “free alternative without behavioural advertising” next to a version of the service funded by profile-based advertising? Meta has just launched its own implementation of the European Data Protection Board’s requirement (see press release by Meta and article in the Wall Street Journal, linked to hereunder), and […]

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Let’s connect at the upcoming IAPP DPC24 conference in Brussels

Going to IAPP DPC24 in Brussels next week? Fancy having a chat? Reach out by direct message or by e-mail! I will be giving the adtech workshop on Tuesday 19 November (from 9 to 12.30 at Studios 214 & 216) and will be around the conference venue the remaining days – be sure to say […]

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