Scope: dataprotection

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Inside the Belgian DPA management plan for aligning sanctions with EDPB fine rules

One of the tidbits in the Belgian Data Protection Authority’s “Management Plan 2024”: “Setting a sanctions policy, taking the EDPB’s guidelines on fines into account” (action point for 2024 for the Litigation Chamber). Interestingly for the broader question of the legal value of EDPB guidelines, this sanctions policy is described elsewhere in the document as […]

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Can you actually afford a free alternative tier under pay or OK rules?

Pay or OK: can you afford to have a “free alternative without behavioural advertising” next to a version of the service funded by profile-based advertising? Meta has just launched its own implementation of the European Data Protection Board’s requirement (see press release by Meta and article in the Wall Street Journal, linked to hereunder), and […]

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Let’s connect at the upcoming IAPP DPC24 conference in Brussels

Going to IAPP DPC24 in Brussels next week? Fancy having a chat? Reach out by direct message or by e-mail! I will be giving the adtech workshop on Tuesday 19 November (from 9 to 12.30 at Studios 214 & 216) and will be around the conference venue the remaining days – be sure to say […]

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Why every digital enterprise needs to challenge the new EDPB tracking scope

Why every company with digital activities should comment on the EDPB�s new ePrivacy guidelines” – the short(er) version of the two-parter I published the past week on the new EDPB guidelines on Article 5(3) of the ePrivacy Directive. *** So much for tackling consent fatigue. If unchanged, the new EDPB guidelines on what is known […]

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An audio deep dive into pay or OK, ePrivacy, and adtech consent

Pay or OK, ePrivacy, GDPR consent and adtech: 60-minute interview by Sergio Maldonado available on Spotify, Apple Podcast and online: Web: https://lnkd.in/ewB236Wg Spotify: https://lnkd.in/eWd2bxpW Apple Podcast: https://lnkd.in/eGrKdQRE data protection

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Part two of my ePrivacy analysis covering URL tracking, pixels, and IP addresses

Part II of my assessment of the EDPB’s new guidelines on the ePrivacy rule on cookies, mentioning URL tracking, pixels, user identifiers and IP addresses. I announced this would be a negative review – I’m left with the impression that the “guidelines” were drafted with a particular intent in mind. The words of the ePrivacy […]

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Register for our free webinar on personalized ads and consent frameworks

Register now for the free webinar of Friday 15 November (noon CET) on Personalised Advertising and “Consent or Pay” (critical perspectives on EDPB guidance and regulatory considerations). Moderated by Etienne Drouard (Hogan Lovells), my co-panellists include Townsend FEEHAN (IAB Europe), Daniela GOMEZ (Groupe TF1) and Dirk Freytag (BVDW). Registration link: https://lnkd.in/diwE3Ybj This is ahead of […]

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The EDPB passes new guidelines on the technical scope of Article 5(3)

ePrivacy news: the EDPB’s Guidelines on the technical scope of Art. 5(3) of the ePrivacy Directive were voted with *all* members of the European Data Protection Board present. The Minutes of the EDPB’s meeting of 7 and 8 October 2024 say the following: “The EDPB members adopted the Revised Guidelines 2/2023 on the Technical Scope […]

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Key takeaways from the EDPB stakeholder session on AI and personal data

My thoughts on today’s EDPB stakeholder event on AI models & personal data: – The EDPB didn’t reveal anything, but the wording of the questions submitted suggests certain assumptions will underlie the upcoming Opinion. – We had interesting exchanges among stakeholders in Group C, and I heard that there were also lively discussions in the […]

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Why calling the new Article 5(3) guidelines expansive is a massive understatement

They will cover many scenarios” – quite an understatement regarding the EDPB’s new guidelines on Art. 5(3) of the ePrivacy Directive (expanding its scope from cookies and the like to even IP addresses, URLs, pixels and more, through a broad interpretation of what “access” is). Before publishing an analysis of the “content” part of the […]

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