Exclusive event registration for the anniversary of the Belgian DPA

First come, first served! Register now for an exclusive event on 2 September with the Belgian DPA for the 5th anniversary of its Litigation Chamber, in French & Dutch (with live translation into the other language – but no English foreseen). Very honoured to be among the very select group of speakers – and as […]

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Why Article 64(2) of the GDPR has become a problematic enforcement mechanism

Art. 64(2) GDPR is really problematic. It’s a horrendous mechanism, as currently applied by data protection authorities and the EDPB: – If a supervisory authority (SA) thinks something is important it can ask an Opinion from the EDPB, which has 8 weeks (+ 6, so 14 in total, in complex cases) to respond. Not much […]

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Enterprise advisory trends on cross-border data structures and adtech

Good analysis by Rob Corbet and his team. [+ thanks for the references to my op-eds!*] We have been advising many companies and associations on this, notably on possibilities to challenge this Opinion (and other EDPB positions) or to influence the coming Guidelines on Consent or Pay. Interesting times ahead regarding subscription models and advertising-based […]

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Is the EDPB showing bias in its airport facial recognition opinion?

Bias by the EDPB in its “facial recognition in airports” Opinion? “[T]he data storage period [= 48h] is not a decisive factor, on its own merit, for the overall compatibility of said architecture, as such retention periods may be subject to changes by the controllers” (para. 72, page 30). Surprising that they should stress this, […]

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Debating privacy by design and online marketing with the Norwegian DPA

What a sight outside during our debate today on “Privacy by Design Online Marketing”, with Tobias Judin ?????? of the Norwegian DPA / Datatilsynet (great exchanges between us of course), Dr. Sachiko Scheuing of Acxiom/FEDMA (ever practical insights into how organisations approach digital marketing) and Luca Bolognini of ICT Legal Consulting (fantastic ideas regarding transparency), […]

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Has any court actually proven that LLMs always process personal data?

Controversial discussion-starter of the day: has any authority or court actually established that LLMs and other such models *do* involve the processing of personal data when they predict what might be a relevant next word/token/string of characters in a sequence, a next pixel in an image, etc.? I would love to see the reasoning. Not […]

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How to build effective AI governance structures on top of your existing GDPR framework

Very good piece by Kristin Johnston on aigovernance and in particular how to start the process. One recommendation – building AI governance on top of existing privacy processes – is very relevant but you have to be careful about how you implement it. The key challenge is making sure it can be sufficiently distinct as […]

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Why a new Brussels appellate judgment could trigger much higher GDPR fines

Very soon higher GDPR fines in Belgium? A recent judgment by the Court of Appeal of Brussels said that the Belgian DPA’s methodology for calculating fines was unclear, but that symbolic victory by one controller may create a significant risk for others… In a judgment in which it *confirmed* the Belgian DPA’s decision on the […]

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Three key compliance takeaways from the newest Belgian DPA enforcement decision

New Belgian DPA decision, interesting on 3 points: 1. Confirmation of BDPA’s approach re “legal obligation” and “public interest” legal grounds 2. Re retention: the need to assess recidivism does not justify unlimited processing 3. Reference to EDPB’s newly updated GDPR fining guidelines (re factors affecting the amount of the fine) 1. The Order of […]

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Watch our CPDP2024 panel debate on the friction in the EU data strategy

A must-watch: here is the recording of our fun CPDP2024 panel discussion on the EU data strategy (covering GDPR, DMA, AIAct, fundamental rights, PayOrOK 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 fantastic stuff – […]

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