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IAB Europe has just published useful insights from many trade associations into the economic and legal rationale behind “consent or pay” models. These insights are a great summary of the key benefits and conditions under which these business models make sense, as well as related legal considerations. I know this well, as I have been […]
In London on 12 March for the IAPP DPI25 conference? Come to our great panel (ICO rep, UK lawyer, US lawyer & me) on “PETs, AI and Cookieless: Framework for New Adtech and Metrics Approaches”. It is quite the panel, with a super list of topics: Speakers:– Hannah Crowther (Partner for Data Protection & Privacy […]
Now this says a lot: Traficom, the Finnish ePrivacy regulator, has disputed the EDPB’s interpretation of the scope of Art. 5(3) of the ePrivacy Directive in comments it submitted on the EDPB’s proposed ePrivacy Guidelines (in the words of Traficom, they have “some reservations” about “some aspects of the opinion that may lead to an […]
Controversial op-ed of the day: Why do many EU-based authorities say that advertising cookies etc. require consent (yes, behavioural *and* contextual advertising)? How could those views evolve? Can digitaladvertising not be seen as strictly necessary for provision of the service explicitly requested by a user? � Here are some (personal) thoughts on these issues, with […]
For anyone with an interest in ePrivacy, onlineadvertising, digital businesses or even computing in general, I highly recommend reading the comments that we had the privilege of working on with IAB Europe and national associations in relation to the EDPB’s proposed ePrivacy guidelines. Link to the IAB Europe press release: https://lnkd.in/ediZ4Cxq And here are comments […]
So… is the information “stored” and “accessed” through use of a CAPTCHA strictly necessary to the provision of the service explicitly requested by a user, namely the service of being able to submit a form? From the perspective of common interpretations of data protection authorities also in charge of ePrivacy enforcement, you would expect “no”, […]
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 […]
