Scope: Adtech

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ICO online advertising consultation: the case for PETs and flexibility

One month into the summer consultation process (thanks EU Commission & others!), a few thoughts on the ICO’s online advertising consultation. There is still one month to respond to the “call for views” from the UK Information Commissioner’s Office (soon “Information Commission”) regarding its approach to regulating online advertising: https://lnkd.in/evScibNJ I cannot stress enough the […]

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Digital Fairness Act: balancing consumer protection and innovation

So the Digital Fairness Act consultation process begins, with lofty yet potentially flawed goals. The Commissions wishes to notably: – “[prevent] traders from using dark patterns and other unfair techniques that pressure, deceive and manipulate consumers online – “[address] problematic personalisation practices, including situations where consumer vulnerabilities are targeted for the purposes of personalised advertising […]

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Six critical points on adtech metrics and publisher compliance strategies

Some food for thought re adtech & metrics, whether you are publisher, CMP or vendor – six points based on recent discussions with a range of clients (and based on the things they need assistance with): 1. Are you sure you are involved in the processing of personal data? The notion of “personal data” has […]

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Challenging technical assumptions in data protection enforcement

Not a “what ABC taught me about privacy” thing, but a man held on for dear life to the seat in front of him as the plane banked (normally) on my flight back from a great conference in Vilnius. It did bring me back to what I had been telling the hundreds of attendees to […]

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Digital Fairness Act: balancing enforcement and consumer reality

Key takeaways from a great lunch discussion on the Digital Fairness Act with European Commission officials and representatives from consumer rights / industry / SME organisations: – Businesses of all sizes should start gathering data to show to the Commission the impact that personalised advertising has had on their growth, if applicable. – The Commission […]

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Debunking the “TCF is illegal” myth: a factual analysis

Why the “TCF is illegal” claim is incorrect (and why both sides are saying opposite things): 1. The claim for joint controllership of IAB Europe over further processing (and OpenRTB in particular) was denied. This is significant. Some plaintiffs expressed their disappointment with the CJEU’s position on this during a conference at the VUB (Free […]

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Market Court ruling on IAB Europe: joint controllership clarified

The Market Court decision is out in the IAB Europe / TCF vs Belgian DPA case, and its conclusion is nuanced (as one of the few to have truly read the judgment, trust me on this): (i) TC Strings are (were?) personal data under TCF 2.0, (ii) IAB Europe is (was?) joint controller regarding TC […]

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Previewing my data protection and adtech speaking engagements in May

Great events I’ll have the pleasure of speaking at in May: 1?? First, an IAPP web conference on adtech where I will be speaking alongside Dr. Sachiko Scheuing (with Joe Jones as moderator). “Adtech: Practical takeaways from recent EU developments”, on 7 May 2024 (4-5pm CET; 10-11am Eastern US). Organised by the IAPP – International […]

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Enterprise interest spikes for our upcoming adtech and metrics legal briefing

Great to see so many big and small(er) names of the adtech, publishing and metrics world have already registered for our 2h complimentary webinar taking place on 16 May at 3pm CET / 9am EDT, entitled “Adtech & Metrics: EU Law Evolutions and Tomorrow�s Legal Strategies”. GDPR, ePrivacy, DMA (Digital Markets Act) and DSA (Digital […]

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ePrivacy challenges – one cookie law to rule them all? [Part II]

Time to talk about what can be done to improve the “cookie” rule! In Part I of this series on the opportunities and difficulties of today’s ePrivacy regime, I discussed the underappreciated and seemingly-easy-but-really-complex world of the anti-spam rule, Article 13 of the ePrivacy Directive (or ePD). This Part II is about a provision that […]

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