Scope: ePrivacy

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ePrivacy challenges – one cookie law to rule them all? [Part II]

Time to talk about what can be done to improve the “cookie” rule! In Part I of this series on the opportunities and difficulties of today’s ePrivacy regime, I discussed the underappreciated and seemingly-easy-but-really-complex world of the anti-spam rule, Article 13 of the ePrivacy Directive (or ePD). This Part II is about a provision that […]

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What the upcoming AI Act actually means for everyday enterprise structures

While everyone is shouting “it’s for realz now”*, what will the AIAct actually mean for most organisations? Awareness (“AI literacy”) obligations and obligations to ensure that people know (i) if they are interacting with an AI system or (ii) whether they are subject to an AI system – and safeguards to ensure that no high-risk […]

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Podcast: discussing GDPR, adtech, and “Pay or OK

Podcast episode on GDPR (“what is personal data?”), ePrivacy (“what requires consent? or not?”), adtech (TCF notably) and “Pay or OK” – a fantastic conversation with Alan Chapell on The Monopoly Report. So much still to talk about, so we’ll see if a follow-up comes! Here are some links (42min): – on the Monopoly Report […]

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Without the ePrivacy Regulation, which challenges must still be addressed? [Part I]

Now that the Commission has withdrawn its proposal for an ePrivacy Regulation, where does that leave the ePrivacy Directive and the issues organisations face? Over the past 7-8 years, a lot has been said about the proposed ePrivacy Regulation. Intended as both a modernisation of the ePrivacy Directive and a manner of getting to (more) […]

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Webinar: mastering mobile app compliance and documentation

Want to learn about mobile app reflexes re GDPR + ePrivacy compliance, and fancy hearing about both the legal and technical aspects and how they interact? Watch the recording of the webinar that Thomas Ghys and I gave today (1h). We talk in it about the CNIL recommendations re mobile apps, what regulators are likely […]

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EU AI Act: distinguishing “manipulative” AI from standard adtech

AI-powered adtech = prohibited AI? Interesting perspective, though I have my doubts as to whether the typical adtech-related AI systems we encounter in Europe would be classified as “manipulative” (let alone harmful) under the EU AI Act – once we look at how things work in practice. After all, manipulation and influence are not the […]

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The common misconceptions around contextual versus targeted advertising

Contextual ads > targeted ads”? Often this approach refers to one Dutch broadcaster’s (misinterpreted) story and mistaken assumptions that “contextual” means “no data”. Now for the opposite story from Belgium: the news website Tweakers tried an allegedly “tracking-free” contextual ad system since May 2022 but announced yesterday it was not economically viable and would be […]

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How the phasing out of third-party cookies shapes the Google Privacy Sandbox

One of the hot topics in onlineadvertising today is the Google Privacy Sandbox, especially given the phasing out of 3rd-party cookies in Chrome. For a discussion that will likely cover the practical implications and possible limitations (and perhaps less the legal aspects like ePrivacy and GDPR?), I cannot recommend enough the lineup of tomorrow’s discussion. […]

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ICO strategy for online tracking: some recognition of ePrivacy/PECR business limitations

“We want to encourage publishers to deploy more privacy-preserving advertising such as contextual models, and we will explore where the Privacy and Electronic Communications Regulations (PECR) consent requirements are preventing such a shift”. Thank you, Information Commissioner’s Office, for showing openness to this issue. Regulators in the EU, the UK and even the USA have […]

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Webinar on mobile app compliance

Websites, web apps & cookies get a lot of attention, but the GDPR and ePrivacy rules also apply to other digital properties & technologies. To emphasise this, the CNIL published recommendations for mobile apps last September. During a free webinar on 3 February, Thomas Ghys and I will cover practical considerations relating to these recommendations, […]

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