Scope: DarkPatterns

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

Conference diversity: need for balanced perspectives

I’ve always said we need a proper debate about key issues. Pity then to see how many one-sided panels there are at the upcoming CPDP conference in Brussels (often with panellists who criticise social media bubbles or deplore lack of diversity of opinion in other contexts). Diversity on panels is important, and perhaps we need […]

Read Analysis →

Child online safety: the ban trap

Moving past soundbites, what matters in today’s child online safety debate? A great event last week examined the EU Commission’s plans for protecting children online – and whether a social media “delay” or ban might make sense (or not). The Commission’s approach involves work by a Special Panel on child safety online. It features 21 […]

Read Analysis →

Further thoughts on study regarding human dignity & data as an asset

Is “personal data” an asset? A study on human dignity & data protection has been released that on paper sounds like it should cover all the key topics. Its authors argue that individuals are “the primary right-holders in relation to the processing of their personal data” and that these “are dignity-relevant manifestations of the person […]

Read Analysis →

Study on human dignity and limits to processing of personal data: first thoughts

Interesting study on where human dignity and data protection come together, worth the read. I’m not convinced by some parts, though, as there is too much room left for subjectivity in the way certain things are worded. The authors suggest 7 guiding principles, but of particular interest to me were their suggested 6 limits to […]

Read Analysis →

DMA-GDPR Guidelines: formal response to public consultation

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 […]

Read Analysis →

DMA-GDPR Guidelines: why non-gatekeepers should take notice

Not a gatekeeper? No matter – the DMA-GDPR Guidelines of the EDPB & European Commission are important: the EDPB’s input aims to ensure consistency in the interpretation of the GDPR. I’ll go through all 55 pages before next week’s great CEDPO panel with the EDPB’s own Gwendal Le Grand, Borja Martínez Corral and our moderator […]

Read Analysis →

Inside the RAID panel debate with the EDPB Chair and national DPAs

Fun day! After moderating a RAID panel with as panelists EDPB Chair Anu Talus, Luxembourg CNPD President Tine A. Larsen, Deputy Head of Data Protection Unit at the Commission’s DG Justice Karolina Mojzesowicz, MEP Brando Benifei and Gibson Dunn Partner Ahmed Baladi, I then was a speaker in a debate alongside Max Schrems of noyb.eu, […]

Read Analysis →

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 […]

Read Analysis →

Good & bad in judgment on Meta AI training & personal data (legitimate interests, sensitive data) + new French & German guidance

Does training of AI systems involve the processing of personal data, and is it permitted under the GDPR? These were the two fundamental questions that I have already looked into in two previous articles: On the date of that second article, the Cologne Higher Regional Court (the Oberlandesgericht Köln – the Cologne HRC) delivered a […]

Read Analysis →

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 →