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Last few days to comment on the game-changing ePrivacy guidelines of the EDPB. One issue examined for some clients is the inconsistency between the expanded scope of that provision (a rule regarding cookies and similar (active) information storage & access technologies, but now also covering nearly any interaction with a computing device *and* the passive […]
I saw another post like “want to use [content ABC] for free & legally? Use this ad bypasser”. This one was on how to play music on a big video platform by using a specific browser to avoid any “annoying ads”. Setting aside ethical concerns, is it really “legal”? Some (e.g. one of the most […]
Looking back + forwards, 4 big topics for me on LinkedIn in 2024 & likely still for 2025 are the following:– ePrivacy– “Consent or Pay”– AI & personal data– Cybersecurity The key ePrivacy topic was the European Data Protection Board’s guidelines on the technical scope of Art. 5(3) of the ePrivacy Directive – basically, “to […]
The new French fine against Orange for notably displaying ads among a list of e-mails is a misstep, in my view. It builds upon a rare legal misstep of the CJEU, a case in which the highest EU judges introduced subjectivity in an ePrivacy provision that was built around objective criteria. I am speaking about […]
Now for a different “Consent or Pay” anecdote (not mine though!): a night club tells those trying to get in that they need to download an app and scan a code after registering. It later turns out the alternative was to pay 10�. Is this “Pay or OK” in relation to non-digital services? The context […]
What should you urgently do during the first two weeks of 2024? Respond to the European Data Protection Board’s public consultation on ePrivacy. Why? Every single interaction with information on a computer or information sent over the Internet will require a justification or consent, following the EDPB’s proposed guidelines on the technical scope of Art. […]
Another (Austrian) decision showing the pressing need for a better ePrivacy approach. “[C]ookies set by the Google reCAPTCHA service are not necessary for the operation of a website […] regardless of the fact that preventing bot input is advantageous for website operators. The implementation of reCAPTCHA is not technically necessary for the operation of the […]
AI Hallucinations and Data Subject Rights under the GDPR: Regulatory Perspectives and Industry Responses” – really insightful paper on the links between the GDPR and the way AI models work. Worth the read (and do check out the links on page 4, not just the one to my op-ed on the issue – https://lnkd.in/eYXabSfs – […]
Will the “Mayer” case soon be the “Streisand effect” example for LLMs? As a reminder, there is much to be said about whether there is any processing of personal data in AI models and LLMs in particular – see my in-depth analysis here: https://lnkd.in/eVuiU5QJ
The Belgian DPA’s newest decision – about a shared customer loyalty scheme allowing participating retailers to have up-to-date data regarding a customer, some of the data coming from national identity cards – is worth a read. [Skip pages 8-35 if not a Belgian data protection lawyer, though] Q1: (Joint) controllership? [paras. 215-232] The Belgian DPA […]