Scope: ePrivacy

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

How a new legislative amendment shifts the Belgian DPA toward a judicial approach

Belgian Data Protection Authority moving towards more judicial approach? In a newly adopted law, the Belgian legislator makes various changes to BDPA, notably requiring the President of the Litigation Chamber to be “a magistrate” and increasing the Litigation Chamber’s power to adopt interim decisions. For over 4 years now, Hielke Hijmans has been in charge […]

Read Analysis →

An Austrian ePrivacy decision reveals the deep flaws in cookie compliance

Another (Austrian) decision showing the pressing need for a better ePrivacy approach. “[C]ookies set by the Google reCAPTCHA service are not necessary for the operation of a website […] regardless of the fact that preventing bot input is advantageous for website operators. The implementation of reCAPTCHA is not technically necessary for the operation of the […]

Read Analysis →

Why the extended public consultation deadline for ePrivacy guidelines matters to you

Very important public consultation – and now we have 3 additional weeks to respond. More insights: https://lnkd.in/dGWtcQCA eprivacy cookies data protection

Read Analysis →

Time is running out to comment on the expansive new EDPB tracking rules

Just over a month left to comment on the EDPB’s expansive ePrivacy guidelines*. Your business is more impacted than you think, so react quickly. Here are some observations based on my discussions with clients: – This has a very broad impact and has got several sectors worried, notably traditional digital service providers who see the […]

Read Analysis →

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 […]

Read Analysis →

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 […]

Read Analysis →

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 […]

Read Analysis →

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

Read Analysis →

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 […]

Read Analysis →

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 […]

Read Analysis →