Scope: ePrivacy

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Catch up on online advertising, cookie consent, and ePrivacy via this podcast episode

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

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Why Nordic DPAs are pushing European regulators for an emergency stand on pay or OK

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 […]

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Op-Ed: Maybe no consent needed for advertising under ePrivacy “cookie” rule?

Reading through the CNIL’s new decision against Yahoo on cookies brings back to mind a question that has stuck with me for well over a decade: what is the exact reasoning that has led many EU-based authorities to say that advertising cookies/etc. are not strictly necessary for the provision of a service, and why does […]

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Why requiring ePrivacy consent for basic user interfaces makes no logical sense

Surely you don’t need consent to display a user interface? UIs illustrate issues re the EDPB’s strict ePrivacy guidelines, combined with a strict approach re consent exemptions. After all: – UIs are programming instructions (e.g. in HTML, CSS, Javascript in the case of websites) so that your browser / OS / … knows how to […]

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Why your digital business is heavily impacted by the expansive EDPB ePrivacy guidelines

Just over two weeks to go to comment on the extremely extensive ePrivacy guidelines of the EDPB, now covering pretty much any interaction with the Internet or a computer. Working on one anonymised response in particular to integrate concerns of certain organisations, I wonder once more why the EDPB did not seek to better justify […]

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Join our live roundtable debate on targeted advertising and pay or OK frameworks

You probably don’t want to miss this! Tomorrow I have the pleasure of taking part in a roundtable on targeted advertising and “Pay or OK”, covering topics such as: – Regulatory developments affecting profile-based advertising – Legitimacy of targeted advertising as a business model – Subscription models (+ “pay or data”) as a valid compliance […]

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Discussing the future of commercial adtech consent frameworks with Eduardo Ustaran

Thanks Eduardo Ustaran for hosting and moderating this roundtable, where I will also have the pleasure of discussing “Pay or OK” and targeted advertising with Townsend FEEHAN (IAB Europe), Cecilia Alvarez (Meta), Miko?aj Barczentewicz (University of Surrey) and David Pfau (Conreri). Looking forward to this! gdpr data protection eprivacy

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Top five client concerns regarding the new ePrivacy rules for contextual ads

So consent will be needed for contextual ads? Why limit ourselves then?” Top 5 concerns and questions shared with me by various clients re new EDPB�ePrivacy�guidelines: 1. “Do they even understand the technology?”: Overbroad notion of “access” is regulatory activism at its worst, coupling active notion of “access” to passive receipt, conflating individual entering into […]

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EDPB seeks to redefine ePrivacy – Part II: Overbroad notions and regulator activism?

Last week, I questioned the European Data Protection Board’s very authority to adopt its newly published Guidelines 2/2023 on Technical Scope of Art. 5(3) of ePrivacy Directive (i.e. the so-called “cookie” rule), guidelines according to which those rules should also apply to a broad range of other technologies and information, such as IP addresses, pixels […]

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EDPB seeks to redefine ePrivacy – Part I: By what authority?

“They will cover many scenarios”, said an EDPB member informally a couple of days ago, talking about what would become the EDPB’s new Guidelines 2/2023 on Technical Scope of Art. 5(3) of ePrivacy Directive (subject to a public consultation – more on that later). After having gone through them in detail, I cannot help but […]

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