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Here it goes – my (preliminary) in-depth analysis of the EDPB’s Opinion on “Pay or Consent”. Some objective elements: – This Opinion is 42 pages full of repetition, vague concepts and emotional sections – It is based on an aversion to profile-based advertising that is never properly explained – It does not take into account […]
*Lots* to be said about the EDPB’s Opinion 08/2024 on “Consent or Pay”. One thing that strikes me throughout the document is the insistence on a “Free Alternative Without Behavioural Advertising” (= contextual ads). [Edit: full analysis now live: https://lnkd.in/eddQ4yW8 ] The reasoning goes like this: – if you are a “large online platform”, the […]
So, while we wait to see the EDPB’s Opinion on “Pay or OK”, a few things to look out for: (i) is the EDPB really going to push for a “third” option for large platforms? On what authority? (ii) I have been observing for a while that data protection regulators are adopting increasingly anti-business practices, […]
Pay or OK” is one of the big topics of right now – and ahead of the EDPB’s expected Opinion aimed at Meta’s approach and further Guidelines with a broader scope, IAB Europe has published a useful reminder that “even on digital content or services that may be well-suited for contextual, the selling of non-personalised […]
Are Guidelines of the European Data Protection Board “challengeable acts”, and could you attack them before the General Court of the EU? What about Art. 64 GDPR Opinions of the EDPB? The Advocate General’s Opinion in the WhatsApp v EDPB case (re EDPB Binding Decisions) suggests that the answer could be “yes” regarding those Art. […]
Belgian DPA’s direct marketing recommendation: great first attempt, but questionable positions included. First thoughts: [The BDPA has published a new direct marketing recommendation (replacing one of 5 years ago), and it’s a very good document. A public consultation is open until 10 May, and I hope some comments will deal with its shortcomings.] – Claim […]
IAB Europe’s letter to the EDPB on “Pay or Consent” is out – with considerations relating to the GDPR and broader data protection rules, fundamental rights, personal data as “consideration” for a contract (co-signatories: Alliance Digitale, IAB Italia & IAB Spain) Key points: – �The assessment of �Consent or Pay� models must remain coherent with […]
Time to talk about what can be done to improve the “cookie” rule! In Part I of this series on the opportunities and difficulties of today’s ePrivacy regime, I discussed the underappreciated and seemingly-easy-but-really-complex world of the anti-spam rule, Article 13 of the ePrivacy Directive (or ePD). This Part II is about a provision that […]
PayOrOkay [I’ll surely get shot for writing this:] 39 members of the European Parliament write to Meta to say that the right to privacy is “no” [I assume “not”] “something you should have to purchase” and that “[s]tudies” [citation needed] “suggest that contextual advertising is nearly as profitable as surveillance-based advertising”. Honestly, I preferred the […]
Podcast episode on GDPR (“what is personal data?”), ePrivacy (“what requires consent? or not?”), adtech (TCF notably) and “Pay or OK” – a fantastic conversation with Alan Chapell on The Monopoly Report. So much still to talk about, so we’ll see if a follow-up comes! Here are some links (42min): – on the Monopoly Report […]
