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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 […]
It’s out – new EDPB consultation on guidelines re Art 5(3) ePrivacy Directive. Key section, will post additional thoughts later: “Article 5(3) ePD applies if: a. CRITERION A: the operations carried out relate to �information�. It should be noted that the term used is not �personal data�, but �information�. b. CRITERION B: the operations carried […]
Quick reminder ahead of next week’s adoption by the EDPB of its (revised?) ePrivacy guidelines – here are the links to my in-depth critique of the version that was published for public consultation: Part I (competence): https://lnkd.in/egwqt-mf Part II (content): https://lnkd.in/ehdihkSM Plus some of the feedback on those guidelines: – Submission on behalf of certain […]
For anyone who missed it… Data protection GDPR AI ePrivacy
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 […]
Good analysis by Rob Corbet and his team. [+ thanks for the references to my op-eds!*] We have been advising many companies and associations on this, notably on possibilities to challenge this Opinion (and other EDPB positions) or to influence the coming Guidelines on Consent or Pay. Interesting times ahead regarding subscription models and advertising-based […]
A bit more pragmatism regarding user interfaces and “dark patterns”? According to a German court, a colour difference for accept/reject buttons is not (always) a dark pattern that deprives data subjects of agency. It’s not the first time this has been said, but to see it explicitly said in relation to Meta and a “blue” […]
Consent or Pay” again – this time a recorded webinar! Behavioural vs contextual ads, freedom to conduct a business, flaws in the EDPB’s approach, lots of ground covered in this webinar! With Eva Jarbekk, Miko?aj Barczentewicz and Rob Corbet GDPR data protection ePrivacy privacy
What a week! So what’s next? After 3 speaker slots at CPDP2024 (featuring some of the most heated exchanges of the entire conference), one webinar, and loads of really good discussions on the biggest data protection topics (“Pay or OK”, “Advertising, data protection and AI”, “balancing of fundamental rights: protection of personal data vs/with freedom […]
Let the name-calling begin. Companies looking to leverage data are now told that it is just like they are responsible for oil spills, cancer and drug cartel violence. As a lawyer working for some of the companies facing these absurd comparisons, I thought I would tackle another controversial stance now: just how absolute (or relative) […]
