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Let the name-calling begin. Companies looking to leverage data are now told that it is just like they are responsible for oil spills, cancer and drug cartel violence. As a lawyer working for some of the companies facing these absurd comparisons, I thought I would tackle another controversial stance now: just how absolute (or relative) […]
Important read! Empirical study shows a significant reduction in value of ads without tracking. Anyone promoting tracking-free contextual ads over profile-based advertising (such as the EDPB) really needs to consider the fact that *this doesn’t work for everyone* and it will have massive repercussions for the digital economy. Let’s look at some of the findings […]
Out of the blue, I just received an invitation to apply for a job as Tax legal advisor. Contrary to their belief (hopefully not yours), I have developed a different kind of expertise (maybe I should offer my services to help them improve their understanding of their data). If, unlike them, you think I might […]
Illustration: Dall-E rendering of just how potentially evil the European Data Protection Board (EDPB) and certain privacy rights campaigners view the “Pay or Consent” approach + large companies. I didn’t try to get any drug cartel references in there, though as a lawyer acting for adtech companies I have been likened to a drug cartel […]
Did I get this right? Thierry Breton at the European Commission is suggesting that a specific form of advertising (“contextual” – i.e. ads based on limited data) is required by the DMA, as an alternative to another (profile-based advertising), and that a “consent or pay” approach might not be permitted (the Commission apparently has “serious […]
Getting some serious “You wouldn’t steal a car”* vibes from NOYB’s “Imagine having to pay for privacy in your own car” consent-or-pay allegory. I have been advising on the idea of “consent or pay” (or “pay or data”, “pay or OK” or however you wish to call it) for a few years now, and the […]
The privacy discourse is often one-sided: regulators and campaigners are vocal (“fundamental rights violated”, “illegal consent”), and few want to push back in public (lawyers because they are not keen on voicing their opinion, businesses because they fear drawing attention to themselves) – even though the GDPR *allows* interferences with privacy and data protection rights […]
Is this about having their cake and eating it too? Norway, Netherlands & Hamburg want European regulators to take a position on “pay or consent” (or “pay or OK” or “pay or data”, however you wish to call it), and the Norwegian data protection authority says in this respect that “it will still be possible […]
Reading through the CNIL’s new decision against Yahoo on cookies brings back to mind a question that has stuck with me for well over a decade: what is the exact reasoning that has led many EU-based authorities to say that advertising cookies/etc. are not strictly necessary for the provision of a service, and why does […]
It’s finally open: public consultation by the European Commission on the GDPR. Privacy campaigners will be sure to respond – but will controllers & processors? This is your chance to submit comments on what works and what doesn’t. Whether you see weaknesses in the way in which the DPO role is structured (I know this […]
