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Interesting case filed before the EU General Court by a person represented by noyb.eu, now published in the EU Official Journal. The complainants (the applicant + noyb) had sought access to the European Data Protection Board’s file concerning the EDPB’s Facebook-related binding decision of 5 December 2022. The EDPB refused to grant access, “on the […]
Reposting, as I disagree in part and think it’s a debate worth having. If someone acts as a processor under GDPR and processes information that the processor cannot lawfully link (or get linked) to an identifiable natural person but that is personal data from the perspective of the controller, the processing on behalf of the […]
Why the “TCF is illegal” claim is incorrect (and why both sides are saying opposite things): 1. The claim for joint controllership of IAB Europe over further processing (and OpenRTB in particular) was denied. This is significant. Some plaintiffs expressed their disappointment with the CJEU’s position on this during a conference at the VUB (Free […]
The Market Court decision is out in the IAB Europe / TCF vs Belgian DPA case, and its conclusion is nuanced (as one of the few to have truly read the judgment, trust me on this): (i) TC Strings are (were?) personal data under TCF 2.0, (ii) IAB Europe is (was?) joint controller regarding TC […]
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 […]
At CPDP this Wednesday and Friday, with three speaking appearances – be sure to stop by if you would like to chat! 1. 22 May, at 10:30: Hackathon workshop on “Advertising and data protection in an AI driven world Link: https://lnkd.in/eaND-m8i 2. 22 May, at 14:15, workshop on “Pay or OK: Law & Economics Meets […]
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 […]
The General Court’s dismissal of the annulment action against the Consent or Pay Opinion may seem like an EDPB victory, but consider this: (i) The General Court just said “[t]hose are therefore opinions to which no special authority is attached” (para. 28). In other words, “it’s just paper”, or “what you say in there isn’t […]
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 […]
Thanks Luis. This shows exactly why the many flaws of the Opinion are problematic: they *are* having an impact on DPAs’ practices. More about those flaws: https://lnkd.in/enEGy9Ad We will discuss some of that (among many other topics) during tomorrow’s (free) 2h webinar on Adtech & Metrics. Register now! https://lnkd.in/eWfBq8Tn Edit: see EN machine translation with […]