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This does not surprise me – as I was explaining yesterday to two podcast hosts, synthetic data is great on paper but it does not help with accuracy or real-life outliers/divergent situations. It’s easy to claim that synthetic data is the best way to comply with data minimisation and that “you don’t really need all […]
How a simple sentence in your privacy notice can restrict your digital marketing: the Belgian DPA issued an injunction to adapt digital marketing practices for a fitness club that had sent marketing e-mails to a club member, including for non-sporting events. The case highlights a classic misalignment between documentation and marketing practices, as well as […]
With the festive season upon us, I may be posting a little less and instead singing Christmas songs with the family. So let’s look back at 2025 and anticipate 2026, based on interactions with my LinkedIn articles & posts: – Pseudonymisation & the concept of “personal data” were significant in 2025. 4 of my top […]
Appeal against Belgian DPA decision: important findings on legitimate interest, reasonable expectations and (non-)necessity of verifications of prior lawfulness. In a judgment of yesterday, the Market Court (Brussels Court of Appeal) lifted a reprimand for a company that had used personal data for marketing purposes. The legitimate interest considerations will be of great interest to […]
Myth-busting time! This week, the EDPB published its Opinion on AI models & personal data, and then the Italian authority revealed it had fined OpenAI. But unlike what some are suggesting, the Italian decision *predates* the EDPB Opinion by a month. So let’s dispel a few myths surrounding that Opinion: – “Game changer”? The positions […]
Full analysis likely to come in the coming days, but some first thoughts on the EDPB’s “AI models & personal data” Opinion. In essence, the EDPB doesn’t exclude anything entirely but leaves it up to national supervisory authorities to make a call in cases they are handling – and while it doesn’t prohibit relying on […]
When I pointed out issues with the DMA-GDPR Guidelines & resulting risks for *all* controllers (not just gatekeepers), the EDPB’s Gwendal Le Grand said something to the effect of “Don’t just post about it, submit a response”. So here we go, a copy of the response submitted yesterday to the public consultation by the Commission […]
Two victories before the Belgian DPA this week: dismissal of a complaint against a privacy-friendly analytics provider (re ads & content) due to lack of evidence of processing of personal data (Breyer + SRB having an impact), and one decision confirming that where data is shared pre-GDPR, the controller using it post-GDPR is the one […]
Digital Omnibus & ePrivacy: good intentions but bad outcome. While I have praised the Commission’s attempt at GDPR-related pragmatism (though a good idea re special categories of data didn’t make it), I have remained silent on the ePrivacy front. There, the proposal is not good in my view. It would create an alternative to Art. […]
Do (re)watch our 53-minute civilised, proper debate on some of the key GDPR parts of the Digital Omnibus proposal! From the notion of “personal data” to special categories of data, AI development & training and even scientific research, a lot of ground covered from two perspectives. [I had a few awkward moments of the “unmute” […]