Scope: DarkPatterns

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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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“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 […]

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“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 […]

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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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Without the ePrivacy Regulation, which challenges must still be addressed? [Part I]

Now that the Commission has withdrawn its proposal for an ePrivacy Regulation, where does that leave the ePrivacy Directive and the issues organisations face? Over the past 7-8 years, a lot has been said about the proposed ePrivacy Regulation. Intended as both a modernisation of the ePrivacy Directive and a manner of getting to (more) […]

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EU AI Act: distinguishing “manipulative” AI from standard adtech

AI-powered adtech = prohibited AI? Interesting perspective, though I have my doubts as to whether the typical adtech-related AI systems we encounter in Europe would be classified as “manipulative” (let alone harmful) under the EU AI Act – once we look at how things work in practice. After all, manipulation and influence are not the […]

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Spotting the irony when privacy critics use dark patterns and trick wording

Wasn’t FOMO manipulation / “trick wording” a darkpattern? Why then do some critics thereof use them? Genuinely curious. Not all do so, far from it (and some of the most prominent ones are very good at *avoiding* such techniques), but it seems that some enjoy labelling everything as “Breaking” (even information that is more than […]

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An unofficial translation and breakdown of the new Belgian DPA cookie checklist

The Belgian Data Protection Authority just published a “cookie checklist” with its position on a number of issues regarding cookies. I’m attaching an unofficial machine translation (losing lots of its layout too), but here are some first thoughts: – Some of these topics might be subject to litigation, so while they may reflect the newest […]

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Speaking with Max Schrems on the future of user consent networks

1.000 registered – and counting. The “Future of User Consent” webinar of 24 Sept., where I am speaking alongside Max Schrems of noyb.eu, Romain Gauthier of Didomi and Willy Mikalef of Bird & Bird looks set to have a broad range of attendees. On the agenda are some of the top data protection, GDPR, ePrivacy […]

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The Belgian DPA cracks down on dark patterns and missing reject buttons

No “reject all” button? Different colours in a cookie banner? Belgian DPA orders a change, based on “dark pattern” allegations and lack of freely given consent. Readers know I have my doubts on this, due because “in the physical world” we are led to make choices all the time based on product colours (some of […]

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