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Useful new decision by the Belgian Data Protection Authority on the limits of data subject access requests, in a case where a data subject complained that the response was (i) late and (ii) incomplete. (i) Late response: The response was late due to a long-term absence of the person normally managing data subject requests due […]
Getting some serious “You wouldn’t steal a car”* vibes from NOYB’s “Imagine having to pay for privacy in your own car” consent-or-pay allegory. I have been advising on the idea of “consent or pay” (or “pay or data”, “pay or OK” or however you wish to call it) for a few years now, and the […]
Which GDPR legal ground does a broadcaster or streaming platform need to publish audiovisual works featuring recognisable natural persons? That was the question examined by the Belgian DPA in its latest decision. The decision related to a kind of documentary, a “human interest” show/programme. The BDPA’s Litigation Chamber summarised the facts as follows (para. 2 […]
In its newest decision, the Belgian DPA takes a stance that will please both consumer rights organisations and anyone who likes to rely on the primacy of EU legislation (versus local national legislation), on an issue that would not have arisen if the Belgian legislator had stuck to the text of the GDPR. This all […]
The privacy discourse is often one-sided: regulators and campaigners are vocal (“fundamental rights violated”, “illegal consent”), and few want to push back in public (lawyers because they are not keen on voicing their opinion, businesses because they fear drawing attention to themselves) – even though the GDPR *allows* interferences with privacy and data protection rights […]
Fancy catching up on some of the issues regarding onlineadvertising, ePrivacy, the GDPR, data as a commodity, cookieless and consent? Listen to this podcast episode in which I presented a different angle on these topics (and more). privacy data protection
Goodbye Google Cache – you were one of the best friends of litigators when it came to evidence-gathering. The Wayback Machine is obviously still there and a tremendous resource for longer term evidence, but for shorter term Google Cache was great. (On the defending side, if you were savvy enough, you knew that you could […]
Is this about having their cake and eating it too? Norway, Netherlands & Hamburg want European regulators to take a position on “pay or consent” (or “pay or OK” or “pay or data”, however you wish to call it), and the Norwegian data protection authority says in this respect that “it will still be possible […]
The linguistics” – that’s what I said was intriguing about the AG Opinion in a GDPR class action case (Meta v BVV, CJEU case C-757/22) when Global Data Review asked me for a quote. This case deals with Art. 80(2) GDPR, which allows EU Member States to adopt (if they wish) laws to permit (consumer […]
Are you keen to have a discussion about datagovernance and third-party risk management (AI, cybersecurity, ESG), and will you be in Brussels (or come to Brussels) early March 2024? We are holding a complimentary event on 8 March for businesses and trade associations, with breakout sessions on these topics, as well as (in parallel) sessions […]