Scope: cookies

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

How the phasing out of third-party cookies shapes the Google Privacy Sandbox

One of the hot topics in onlineadvertising today is the Google Privacy Sandbox, especially given the phasing out of 3rd-party cookies in Chrome. For a discussion that will likely cover the practical implications and possible limitations (and perhaps less the legal aspects like ePrivacy and GDPR?), I cannot recommend enough the lineup of tomorrow’s discussion. […]

Read Analysis →

Op-Ed: Data protection damages without proof, courtesy of shortcuts in legal reasoning (Case T-354/22, Bindl)

This op-ed was first published on EULawLive on 21 January 2025 and is now republished here, in accordance with the EULawLive guidelines & terms for guest authors. The header image is of course an easy pun about the implications of a broader application of judgment T-354/22 and how data subjects might be in a position […]

Read Analysis →

ICO strategy for online tracking: some recognition of ePrivacy/PECR business limitations

“We want to encourage publishers to deploy more privacy-preserving advertising such as contextual models, and we will explore where the Privacy and Electronic Communications Regulations (PECR) consent requirements are preventing such a shift”. Thank you, Information Commissioner’s Office, for showing openness to this issue. Regulators in the EU, the UK and even the USA have […]

Read Analysis →

Webinar on mobile app compliance

Websites, web apps & cookies get a lot of attention, but the GDPR and ePrivacy rules also apply to other digital properties & technologies. To emphasise this, the CNIL published recommendations for mobile apps last September. During a free webinar on 3 February, Thomas Ghys and I will cover practical considerations relating to these recommendations, […]

Read Analysis →

IAPP UK 2025: panel on adtech

In London on 12 March for the IAPP DPI25 conference? Come to our great panel (ICO rep, UK lawyer, US lawyer & me) on “PETs, AI and Cookieless: Framework for New Adtech and Metrics Approaches”. It is quite the panel, with a super list of topics: Speakers:– Hannah Crowther (Partner for Data Protection & Privacy […]

Read Analysis →

The Belgian DPA rules that noyb lacks a structural legal interest in a key complaint

Belgian DPA drops a bomb on a complaint filed by noyb.eu: in Belgium at least, says the BDPA, in order for noyb to have a legal interest in filing a complaint on behalf of data subjects, those data subjects cannot have been working for noyb at the time. The case in question concerned cookies and […]

Read Analysis →

Finland’s Traficom openly disputes the EDPB interpretation of ePrivacy scope

Now this says a lot: Traficom, the Finnish ePrivacy regulator, has disputed the EDPB’s interpretation of the scope of Art. 5(3) of the ePrivacy Directive in comments it submitted on the EDPB’s proposed ePrivacy Guidelines (in the words of Traficom, they have “some reservations” about “some aspects of the opinion that may lead to an […]

Read Analysis →

Why European authorities are wrong to demand cookie consent for contextual ads

Controversial op-ed of the day: Why do many EU-based authorities say that advertising cookies etc. require consent (yes, behavioural *and* contextual advertising)? How could those views evolve? Can digitaladvertising not be seen as strictly necessary for provision of the service explicitly requested by a user? � Here are some (personal) thoughts on these issues, with […]

Read Analysis →

Essential community comments on the far-reaching scope of ePrivacy rules

For anyone with an interest in ePrivacy, onlineadvertising, digital businesses or even computing in general, I highly recommend reading the comments that we had the privilege of working on with IAB Europe and national associations in relation to the EDPB’s proposed ePrivacy guidelines. Link to the IAB Europe press release: https://lnkd.in/ediZ4Cxq And here are comments […]

Read Analysis →

Is the security data stored by a CAPTCHA strictly necessary under ePrivacy?

So… is the information “stored” and “accessed” through use of a CAPTCHA strictly necessary to the provision of the service explicitly requested by a user, namely the service of being able to submit a form? From the perspective of common interpretations of data protection authorities also in charge of ePrivacy enforcement, you would expect “no”, […]

Read Analysis →