Scope: ePrivacy

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Regulatory diversity: the case for business and lobbyist experience

When an activist joins a regulator, all is perfect – but when a former lobbyist does, that is somehow a very bad thing? A regulator’s role is not to be a one-sided attack/lap dog. Instead, they should be objective and impartial. They should weigh the pros and cons, and never be focussed only on one […]

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Inside the RAID panel debate with the EDPB Chair and national DPAs

Fun day! After moderating a RAID panel with as panelists EDPB Chair Anu Talus, Luxembourg CNPD President Tine A. Larsen, Deputy Head of Data Protection Unit at the Commission’s DG Justice Karolina Mojzesowicz, MEP Brando Benifei and Gibson Dunn Partner Ahmed Baladi, I then was a speaker in a debate alongside Max Schrems of noyb.eu, […]

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EU Commission exploring pragmatic ePrivacy consent exemptions

Cookies: EU Commission considering more pragmatism for ePrivacy – perhaps there is hope for useful legislative changes. The Commission is holding discussions next week to gather input from civil society and industry regarding the possibility of clarifying consent exemptions under Article 5(3) of the ePrivacy Directive. As readers may know, I have often written about […]

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ICO online advertising consultation: the case for PETs and flexibility

One month into the summer consultation process (thanks EU Commission & others!), a few thoughts on the ICO’s online advertising consultation. There is still one month to respond to the “call for views” from the UK Information Commissioner’s Office (soon “Information Commission”) regarding its approach to regulating online advertising: https://lnkd.in/evScibNJ I cannot stress enough the […]

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Google Tag Manager and the consent trap: a call for nuance

A months-old German court decision on Google Tag Manager has resurfaced here, with many claiming the GDPR applies to every use of GTM or similar tools. A bit of nuance may be useful: – First, that claim that the use of IP addresses and other identifiers = always processing of personal data? Let’s first wait […]

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ePrivacy precedent: critiquing the CJEU’s interpretation of spam

One to watch. Based on the summary of the hearing, this looks like a continuation of the CNIL’s Orange decision and of the CJEU’s SwTL v eprimo case – if so, I fear we are going down a path of bad legal precedent after bad legal precedent. As I have previously commented, the eprimo judgment […]

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WhatsApp advertising updates: dispelling myths and ePrivacy realities

Many myths and exaggerations in reactions to WhatsApp’s announcement re ads. From “everything I mention in chats is used for ads” (that’s not how digital advertising works, and Meta had even made it clear message content is never used) to “all your Instagram and Facebook data is used” (while the WhatsApp announcement suggests this only […]

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The unworkability of consent for anti-fraud measures

*facepalm* Anti-fraud measures require consent in the context of e-mail tracking? “Thanks a lot”, regulated industries will say, as there are many sectors where anti-fraud measures are *required by law*. Even in industries where this isn’t the case, requiring consent for anti-fraud defeats their very purpose. Really, which fraudster will consent to the use of […]

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Six critical points on adtech metrics and publisher compliance strategies

Some food for thought re adtech & metrics, whether you are publisher, CMP or vendor – six points based on recent discussions with a range of clients (and based on the things they need assistance with): 1. Are you sure you are involved in the processing of personal data? The notion of “personal data” has […]

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Challenging technical assumptions in data protection enforcement

Not a “what ABC taught me about privacy” thing, but a man held on for dear life to the seat in front of him as the plane banked (normally) on my flight back from a great conference in Vilnius. It did bring me back to what I had been telling the hundreds of attendees to […]

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