Scope: ePrivacy

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Digital Fairness Act: balancing enforcement and consumer reality

Key takeaways from a great lunch discussion on the Digital Fairness Act with European Commission officials and representatives from consumer rights / industry / SME organisations: – Businesses of all sizes should start gathering data to show to the Commission the impact that personalised advertising has had on their growth, if applicable. – The Commission […]

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About AI training & legitimate interest as a GDPR legal ground

The Irish Data Protection Commission’s statement of 21 May 2025 “on Meta AI” (just like the judgment coming today in a German court case) provides a great excuse to talk briefly about GDPR legal grounds & AI model training, while I continue to work on the next part of my Better Regulation series (that next […]

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“Better Regulation”, part II: improving the GDPR – or not? (Art. 1, 2, 4(1), 5 & 30)

The European Commission’s announcement that it will consider simplifying regulatory regimes, notably in relation to data and technology, seems to open Pandora’s box. Is it a chance to draw lessons from what works well and what works less well? In this series on “Better Regulation” in relation to the digital economy, I will be exploring […]

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Heated exchanges over pay or OK at our CPDP workshop with Max Schrems

Heated exchanges at our “Pay or OK” workshop yesterday at CPDP, in particular between Max Schrems, Peter Hense ???????? and Lex Zard on the one hand and Cecilia Alvarez, Dirk Auer and myself on the other hand, with Miko?aj Barczentewicz moderating and economic input from Garrett Johnson. Perhaps the overcrowded room without ventilation played its […]

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Accountability of the EDPB: challenging “shadow laws

Since November 2023*, I have been giving lots of thought to EDPB accountability – and how to challenge it. The recent General Court judgment setting aside Meta’s challenge to the Consent or Pay Opinion appears at odds with the Advocate General’s Opinion in the CJEU case regarding a WhatsApp binding decision of the EDPB. The CJEU […]

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Rethinking the ePrivacy Directive: a critical legislative review

Better Regulation: Rethinking (or getting rid of?) the ePrivacy Directive” – going past the soundbites, this is a hard look at the ePrivacy rules and whether they should still exist today. Readers will know I have often criticised the European Data Protection Board’s views on Article 5(3) of the ePrivacy Directive (the “cookie” rule) because […]

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“Better Regulation”: Rethinking (or getting rid of?) the ePrivacy Directive

The European Commission’s announcement that it will consider simplifying regulatory regimes, notably in relation to data and technology, seems to open Pandora’s box. Is it a chance to draw lessons from what works well and what works less well? In this series on “Better Regulation” in relation to the digital economy, I will be exploring […]

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The Spanish AEPD updates cookie guidance following the EDPB opinion

The Spanish AEPD updated its cookie guidance to take into account the EDPB’s “Consent or Pay” Opinion 08/2024 – changes on pages 29 & 30 in Spanish (see highlighting in the machine translation attached; pages 33 & 34 of the PDF). This shows exactly why the many flaws of the Opinion are problematic: they *are* […]

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How the revised Spanish AEPD guidelines impact local adtech monetization

The Spanish AEPD updated its cookie guidance to take into account the EDPB’s “Consent or Pay” Opinion 08/2024 – changes on pages 29 & 30 in Spanish (see highlighting in the machine translation attached; pages 31 & 32 of the PDF). This shows exactly why the many flaws of the Opinion are problematic: they *are* […]

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A deep dive into the updated cookie policies from Spain’s AEPD

The Spanish AEPD updated its cookie guidance to take into account the EDPB’s “Consent or Pay” Opinion 08/2024 – changes on pages 29 & 30 in Spanish (see highlighting in the machine translation attached – pages 31 & 32 of the PDF). This shows exactly why the many flaws of the Opinion are problematic: they […]

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