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Ask them where they got their legal degree”, someone recently exhorted people to do whenever someone made a link between Recital 4 of the GDPR and Article 16 of the EU Charter of Fundamental Rights, on the freedom to conduct business. Yet now the EU Court of Justice has confirmed for the second time that […]
Today’s CJEU judgment on press & fair compensation indirectly impacts the “Consent or Pay” & broader discussions on online advertising, through its teachings on the freedom to conduct business: any measure liable to have a sufficiently direct and significant effect on the freedom of the operators concerned to exercise a trade or profession constitutes a […]
Is “personal data” an asset? A study on human dignity & data protection has been released that on paper sounds like it should cover all the key topics. Its authors argue that individuals are “the primary right-holders in relation to the processing of their personal data” and that these “are dignity-relevant manifestations of the person […]
Interesting study on where human dignity and data protection come together, worth the read. I’m not convinced by some parts, though, as there is too much room left for subjectivity in the way certain things are worded. The authors suggest 7 guiding principles, but of particular interest to me were their suggested 6 limits to […]
With the festive season upon us, I may be posting a little less and instead singing Christmas songs with the family. So let’s look back at 2025 and anticipate 2026, based on interactions with my LinkedIn articles & posts: – Pseudonymisation & the concept of “personal data” were significant in 2025. 4 of my top […]
Digital Omnibus & ePrivacy: good intentions but bad outcome. While I have praised the Commission’s attempt at GDPR-related pragmatism (though a good idea re special categories of data didn’t make it), I have remained silent on the ePrivacy front. There, the proposal is not good in my view. It would create an alternative to Art. […]
Some thoughts on today’s EDPB “Pay or Consent” stakeholder event – in practice one about the future of GDPR enforcement, consent, adtech and even the future of the Internet: – At times, things got heated in our breakout room between two camps, typically privacy rights campaigners + contextual ad solution providers on the one hand […]
Does your business use profile-based advertising / personalised advertising, whether as publisher, advertiser or adtech intermediary? You will want to tune in to the free webinar this Friday at noon CET in which I will be discussing key topics regarding the GDPR, DSA and ePrivacy rules and the “consent or pay” debate – as well […]
Good & bad of the new CNIL study on perception of digital services and readiness to pay vs targeted advertising: 1. “Paid offers that allow them to better protect their personal data”: This line in the CNIL write-up shows part of the issue. Campaigners and some regulators view “pay or OK” approaches – i.e. “subscription […]
Significant news from the ICO re Meta: lower price than EU, and no “less personalised ads” offering… in the UK. The “Pay or OK” type of approach is alive and well over there (in this case: for Facebook & Instagram). Compared to the EU approach, it looks like the UK regulator has taken a pragmatic stance […]