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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 […]
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. […]
Belgian Data Protection Authority moving towards more judicial approach? In a newly adopted law, the Belgian legislator makes various changes to BDPA, notably requiring the President of the Litigation Chamber to be “a magistrate” and increasing the Litigation Chamber’s power to adopt interim decisions. For over 4 years now, Hielke Hijmans has been in charge […]
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 […]
Just over a month left to comment on the EDPB’s expansive ePrivacy guidelines*. Your business is more impacted than you think, so react quickly. Here are some observations based on my discussions with clients: – This has a very broad impact and has got several sectors worried, notably traditional digital service providers who see the […]