Time is running out to comment on the expansive new EDPB tracking rules

Just over a month left to comment on the EDPB’s expansive ePrivacy guidelines*. Your business is more impacted than you think, so react quickly. Here are some observations based on my discussions with clients:

– This has a very broad impact and has got several sectors worried, notably traditional digital service providers who see the interpretation of “access” (which the EDPB suggests should also cover pure receipt of information sent by the user’s device) as excessive and detached from technical reality.

– On “storage”, some businesses may be less directly impacted by the EDPB’s interpretation that “storage” and access to information “already stored” covers anything even ephemerally on a device (e.g. user input in forms, URL parameters, etc.) – but many more appear at first glance not to realise the significant implications and restrictions that this entails. I think the webdevelopment community and software developers have not yet quite woken up to this fact, as I have seen my share of “wait a minute…” moments recently where the reality of the implications dawns upon companies. (This really isn’t just about cookies and similar technologies anymore)

Need to wrap your head around the guidelines, and need to decide whether to respond and how? Reach out, and read my more in-depth analysis of these guidelines here:
– Part I: By what authority?�https://lnkd.in/ekdviZ_K
– Part II: Overbroad notions and regulator activism?�https://lnkd.in/eDV4NSRX

* The EDPB has allowed a little more time to respond. New deadline: 18 January 2024. Thanks Lorette for flagging that, I hoped the extension would come!

gdpr data protection