Scope: privacy

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German court rules that data subject rights are not a corporate fishing license

Another sound decision coming from Germany. Data subject rights are not a right to know everything about a business. If a controller *wants* to provide information beyond the limits of Art. 15 GDPR, that is *its* right to do so – but a data subject cannot compel disclosure of such information or documents. data protection […]

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A critical analysis of the EDPB consent or pay opinion and its aftermath

I’m looking forward to this exchange! The title is a reminder that if you are looking for “A critical analysis of the EDPB’s “Pay or Consent” Opinion” you can already read up on one here: https://lnkd.in/eddQ4yW8 Or more on the fundamental freedom to conduct a business, and its potential impact on the fundamental right to […]

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Pre-CPDP brief: our two-hour webinar on evolving adtech and metrics

This week our 2h (free) webinar on adtech & metrics, next week 3 (!) speaking slots at CPDP in Brussels. “Consent or Pay”, profile-based ads versus (or plus) contextual ads, AI and advertising, European Data Strategy, … Loads of content that I will be touching upon during all of these sessions! 1?? Join us for […]

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How GDPR principles are serving as the blueprint for non-personal data laws

On this fifth GDPR anniversary, remember that data protection principles are increasingly serving as inspiration for legal obligations regarding the use of “non-personal”/”corporate” data. What was good business practice is becoming a statutory obligation. So double-check that you have everything you *should* have, because soon you will be *required* to have it. Not that privacy […]

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Data minimisation and account creation: Belgian DPA warning

A new Belgian DPA decision on data minimisation and data protection by design + by default, this time against an international shipping & logistics company (ahem – certain quotes make its identity easy to find). The decision is short as it focusses solely on one issue: the obligation to create an account in order to […]

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Why the EDPB consent or pay stance does not represent consensus EU law

This one will probably not come as a surprise, but it shows that the EDPB’s “Consent or Pay” Opinion does not represent the only possible view. [In fact, Thomas Fuchs, the Hamburg Data Protection Commissioner and one of the key instigators & authors of the EDPB’s Opinion, has explicitly distanced himself from it, saying that […]

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Should digital businesses ever offer a completely ad-free free tier?

Should businesses really consider making a product fully free, with no ads, nada? During the IAPP video call on the EDPB’s view on its “Consent or Pay” opinion, I was struck by the following instruction for businesses: “first, consider whether you can provide it [= the service/product] for free”. [see at 35m21s in the video […]

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Anticipating insightful debates on GDPR enforcement

You know this will be an insightful discussion – possibly even lively! GDPR privacy data protection

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What to watch out for while we wait for the official EDPB opinion on Meta

So, while we wait to see the EDPB’s Opinion on “Pay or OK”, a few things to look out for: (i) is the EDPB really going to push for a “third” option for large platforms? On what authority? (ii) I have been observing for a while that data protection regulators are adopting increasingly anti-business practices, […]

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Why pay or OK has become the ultimate regulatory battleground for Meta

Pay or OK” is one of the big topics of right now – and ahead of the EDPB’s expected Opinion aimed at Meta’s approach and further Guidelines with a broader scope, IAB Europe has published a useful reminder that “even on digital content or services that may be well-suited for contextual, the selling of non-personalised […]

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