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Simplification and the Draghi report in relation to EU digital laws: what could/should be done? Some thoughts I shared at an event yesterday on the topic: 1. The laws themselves are not always bad. While I have argued for getting rid of the ePrivacy Directive altogether (by taking into account overlaps with the GDPR and […]
Does training of AI systems involve the processing of personal data, and is it permitted under the GDPR? These were the two fundamental questions that I have already looked into in two previous articles: On the date of that second article, the Cologne Higher Regional Court (the Oberlandesgericht Köln – the Cologne HRC) delivered a […]
Part 2 of critical review of the Commission’s PayorOK decision on Meta & the DMA: now for the more GDPR-related part, on consent. As mentioned in part 1 ( https://lnkd.in/dvNKkjWk ), the European Commission (EC) draws lots from the EDPB’s Consent or Pay Opinion. [I was *very* critical of that Opinion – see https://lnkd.in/eddQ4yW8 ] […]
Not impressed. PayorOK, Meta & DMA: EU Commission says paid service is not “equivalent” to ad-funded service. The reason? You need “access to an online payment service” [§91] + the user experience (UX) is different due to other access conditions. Basically, per the decision of the Commission (EC), a choice between “pay with your wallet, […]
Not a “what ABC taught me about privacy” thing, but a man held on for dear life to the seat in front of him as the plane banked (normally) on my flight back from a great conference in Vilnius. It did bring me back to what I had been telling the hundreds of attendees to […]
The European Commission’s announcement that it will consider simplifying regulatory regimes, notably in relation to data and technology, seems to open Pandora’s box. Is it a chance to draw lessons from what works well and what works less well? In this series on “Better Regulation” in relation to the digital economy, I will be exploring […]
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 […]
