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Quick reminder ahead of next week’s adoption by the EDPB of its (revised?) ePrivacy guidelines – here are the links to my in-depth critique of the version that was published for public consultation: Part I (competence): https://lnkd.in/egwqt-mf Part II (content): https://lnkd.in/ehdihkSM Plus some of the feedback on those guidelines: – Submission on behalf of certain […]
1.000 registered – and counting. The “Future of User Consent” webinar of 24 Sept., where I am speaking alongside Max Schrems of noyb.eu, Romain Gauthier of Didomi and Willy Mikalef of Bird & Bird looks set to have a broad range of attendees. On the agenda are some of the top data protection, GDPR, ePrivacy […]
Panel I’m moderating at RAID: EDPB Chair Anu Talus, Luxembourg CNPD President Tine A. Larsen, Deputy Head of Data Protection Unit at the Commission’s DG Justice Karolina Mojzesowicz, MEP Brando Benifei and Gibson Dunn Partner Ahmed Baladi. Topic: “Making Tech Legislation Work in Practice Time: noon CET on Tuesday 24 September Key topics: – What […]
No “reject all” button? Different colours in a cookie banner? Belgian DPA orders a change, based on “dark pattern” allegations and lack of freely given consent. Readers know I have my doubts on this, due because “in the physical world” we are led to make choices all the time based on product colours (some of […]
In today’s Official Journal: Meta’s annulment action against the EDPB’s Consent or Pay Opinion (Opinion 08/2024). Here are the pleas: “In support of the action, the applicant relies on seven pleas in law. 1. First plea in law, alleging that either Article�64(2) GDPR is illegal and inapplicable pursuant to Article�277�TFEU, or it requires a restrictive […]
Clearly the EDPB considers its “Consent or Pay” Opinion to cover “targeted questions requiring a swift answer”, as its minutes from the June plenary reveal that the EDPB members agreed that “Article 64(2) opinions are better suited for targeted questions requiring a swift answer, while guidelines are better suited for matters with a larger scope”. […]
Art. 64(2) GDPR is really problematic. It’s a horrendous mechanism, as currently applied by data protection authorities and the EDPB: – If a supervisory authority (SA) thinks something is important it can ask an Opinion from the EDPB, which has 8 weeks (+ 6, so 14 in total, in complex cases) to respond. Not much […]
Good analysis by Rob Corbet and his team. [+ thanks for the references to my op-eds!*] We have been advising many companies and associations on this, notably on possibilities to challenge this Opinion (and other EDPB positions) or to influence the coming Guidelines on Consent or Pay. Interesting times ahead regarding subscription models and advertising-based […]
Bias by the EDPB in its “facial recognition in airports” Opinion? “[T]he data storage period [= 48h] is not a decisive factor, on its own merit, for the overall compatibility of said architecture, as such retention periods may be subject to changes by the controllers” (para. 72, page 30). Surprising that they should stress this, […]
New Belgian DPA decision, interesting on 3 points: 1. Confirmation of BDPA’s approach re “legal obligation” and “public interest” legal grounds 2. Re retention: the need to assess recidivism does not justify unlimited processing 3. Reference to EDPB’s newly updated GDPR fining guidelines (re factors affecting the amount of the fine) 1. The Order of […]