Scope: cookies

Can't find what you're looking for? Try the search bar!

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 […]

Read Analysis →

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 […]

Read Analysis →

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 […]

Read Analysis →

About AI training & legitimate interest as a GDPR legal ground

The Irish Data Protection Commission’s statement of 21 May 2025 “on Meta AI” (just like the judgment coming today in a German court case) provides a great excuse to talk briefly about GDPR legal grounds & AI model training, while I continue to work on the next part of my Better Regulation series (that next […]

Read Analysis →

“Better Regulation”, part II: improving the GDPR – or not? (Art. 1, 2, 4(1), 5 & 30)

The European Commission’s announcement that it will consider simplifying regulatory regimes, notably in relation to data and technology, seems to open Pandora’s box. Is it a chance to draw lessons from what works well and what works less well? In this series on “Better Regulation” in relation to the digital economy, I will be exploring […]

Read Analysis →

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 […]

Read Analysis →

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 […]

Read Analysis →

Catch my three upcoming data protection speaking sessions at CPDP

At CPDP this Wednesday and Friday, with three speaking appearances – be sure to stop by if you would like to chat! 1. 22 May, at 10:30: Hackathon workshop on “Advertising and data protection in an AI driven world Link: https://lnkd.in/eaND-m8i 2. 22 May, at 14:15, workshop on “Pay or OK: Law & Economics Meets […]

Read Analysis →

Rethinking the ePrivacy Directive: a critical legislative review

Better Regulation: Rethinking (or getting rid of?) the ePrivacy Directive” – going past the soundbites, this is a hard look at the ePrivacy rules and whether they should still exist today. Readers will know I have often criticised the European Data Protection Board’s views on Article 5(3) of the ePrivacy Directive (the “cookie” rule) because […]

Read Analysis →

“Better Regulation”: Rethinking (or getting rid of?) the ePrivacy Directive

The European Commission’s announcement that it will consider simplifying regulatory regimes, notably in relation to data and technology, seems to open Pandora’s box. Is it a chance to draw lessons from what works well and what works less well? In this series on “Better Regulation” in relation to the digital economy, I will be exploring […]

Read Analysis →