Scope: ePrivacy

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

Distinguishing data abuse from the necessity of regulatory reform

The uncovering of a dataset with information on the movements and even domicile of European Commission officials is an important reminder that, as with every other technology or data point, location data can be abused. Since the news broke out, I have seen several seizing upon it to say that data brokers are inherently illegal […]

Read Analysis →

A final reminder to voice your company’s concerns on the new ePrivacy guidelines

Just one month to go for comments on the EDPB’s new ePrivacy guidelines, so here’s a reminder of why you *should* respond if your company has digital activities: – The new EDPB guidelines concern the scope of Art. 5(3) of the ePrivacy Directive, which was never only about cookies but about the storing of information […]

Read Analysis →

Does your business use profile-based advertising? Here is how to audit it

Does your business use profile-based advertising / personalised advertising, whether as publisher, advertiser or adtech intermediary? You will want to tune in to the free webinar this Friday at noon CET in which I will be discussing key topics regarding the GDPR, DSA and ePrivacy rules and the “consent or pay” debate – as well […]

Read Analysis →

Ad blockers, liability, and the future of web content

Ad blocker on? Aside from meaning “I want all content for free, no matter the cost for the provider”, did you check who decides which ads/scripts/cookies to allow or block, and if this is even legal? Several browser extensions (even some browsers) now prevent certain scripts/cookies/… from loading. This creates “dark traffic”, web traffic that […]

Read Analysis →

CEDPO Conference: DMA-GDPR Guidelines and consistency

GDPR & DMA at CEDPO: Another great discussion (and a mini bit of sparring too) with Gwendal Le Grand, together with Borja Martínez Corral and our moderator Natascha Gerlach. Readers know how often I get to write critically about the European Data Protection Board, and my first thoughts on their DMA-GDPR Guidelines drafted together with […]

Read Analysis →

DMA-GDPR Guidelines: why non-gatekeepers should take notice

Not a gatekeeper? No matter – the DMA-GDPR Guidelines of the EDPB & European Commission are important: the EDPB’s input aims to ensure consistency in the interpretation of the GDPR. I’ll go through all 55 pages before next week’s great CEDPO panel with the EDPB’s own Gwendal Le Grand, Borja Martínez Corral and our moderator […]

Read Analysis →

Why everyday computer interactions shouldn’t trigger ePrivacy consent rules

Several posters seem to agree with the EDPB’s new ePrivacy Guidelines. “Of course every computer interaction is covered”. I disagree, but let’s imagine they are right. Isn’t it still problematic that *almost nothing is exempt from consent* nowadays in the eyes of most EDPB members? First, the basics. Under Art. 5(3) of the ePrivacy Directive […]

Read Analysis →

A side-by-side comparison of the draft versus final ePrivacy guidelines

So, here’s the comparison between the EDPB’s new ePrivacy Guidelines and the version that was up for public consultation end of 2023. As you can see, not much has changed. The fundamental issues that affected the previous version (competence, overbroad interpretation that doesn’t match the actual meaning of words or the intention of the legislator, […]

Read Analysis →

ICO Meta decision: a pragmatic contrast to EU ideology

Significant news from the ICO re Meta: lower price than EU, and no “less personalised ads” offering… in the UK. The “Pay or OK” type of approach is alive and well over there (in this case: for Facebook & Instagram). Compared to the EU approach, it looks like the UK regulator has taken a pragmatic stance […]

Read Analysis →

Simplification and the Draghi report: a critique of implementation

Simplification and the Draghi report in relation to EU digital laws: what could/should be done? Some thoughts I shared at an event yesterday on the topic: 1. The laws themselves are not always bad. While I have argued for getting rid of the ePrivacy Directive altogether (by taking into account overlaps with the GDPR and […]

Read Analysis →