Part two of my ePrivacy analysis covering URL tracking, pixels, and IP addresses

Part II of my assessment of the EDPB’s new guidelines on the ePrivacy rule on cookies, mentioning URL tracking, pixels, user identifiers and IP addresses. I announced this would be a negative review – I’m left with the impression that the “guidelines” were drafted with a particular intent in mind. The words of the ePrivacy […]

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Register for our free webinar on personalized ads and consent frameworks

Register now for the free webinar of Friday 15 November (noon CET) on Personalised Advertising and “Consent or Pay” (critical perspectives on EDPB guidance and regulatory considerations). Moderated by Etienne Drouard (Hogan Lovells), my co-panellists include Townsend FEEHAN (IAB Europe), Daniela GOMEZ (Groupe TF1) and Dirk Freytag (BVDW). Registration link: https://lnkd.in/diwE3Ybj This is ahead of […]

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The EDPB passes new guidelines on the technical scope of Article 5(3)

ePrivacy news: the EDPB’s Guidelines on the technical scope of Art. 5(3) of the ePrivacy Directive were voted with *all* members of the European Data Protection Board present. The Minutes of the EDPB’s meeting of 7 and 8 October 2024 say the following: “The EDPB members adopted the Revised Guidelines 2/2023 on the Technical Scope […]

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Key takeaways from the EDPB stakeholder session on AI and personal data

My thoughts on today’s EDPB stakeholder event on AI models & personal data: – The EDPB didn’t reveal anything, but the wording of the questions submitted suggests certain assumptions will underlie the upcoming Opinion. – We had interesting exchanges among stakeholders in Group C, and I heard that there were also lively discussions in the […]

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Why calling the new Article 5(3) guidelines expansive is a massive understatement

They will cover many scenarios” – quite an understatement regarding the EDPB’s new guidelines on Art. 5(3) of the ePrivacy Directive (expanding its scope from cookies and the like to even IP addresses, URLs, pixels and more, through a broad interpretation of what “access” is). Before publishing an analysis of the “content” part of the […]

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The official launch of the EDPB public consultation on ePrivacy tracking rules

It’s out – new EDPB consultation on guidelines re Art 5(3) ePrivacy Directive. Key section, will post additional thoughts later: “Article 5(3) ePD applies if: a. CRITERION A: the operations carried out relate to �information�. It should be noted that the term used is not �personal data�, but �information�. b. CRITERION B: the operations carried […]

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

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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A counter-perspective on why pay or data frameworks deserve a fair legal review

Probably a very unpopular view here! Companies have recently been getting a lot of flak for implementing or thinking about a “Pay or Data” approach – with only one perspective seemingly presented in data protection discussions on LinkedIn over the past months. So here are some (personal) thoughts aimed at showing there is another side […]

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An unofficial translation and breakdown of the new Belgian DPA cookie checklist

The Belgian Data Protection Authority just published a “cookie checklist” with its position on a number of issues regarding cookies. I’m attaching an unofficial machine translation (losing lots of its layout too), but here are some first thoughts: – Some of these topics might be subject to litigation, so while they may reflect the newest […]

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A quick checklist ahead of the EDPB adoption of revised ePrivacy rules

Quick reminder ahead of next week’s adoption by the EDPB of its (revised?) ePrivacy guidelines – here are the links to my in-depth critique of the version that was published for public consultation: Part I (competence): https://lnkd.in/egwqt-mf Part II (content): https://lnkd.in/ehdihkSM Plus some of the feedback on those guidelines: – Submission on behalf of certain […]

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