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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 […]
The news from Italy and its temporary limitation of the processing by OpenAI of personaldata of Italian residents (re chatgpt and more) begs a few questions: 1) Did they just order that without prior contact? 2) Did they consider the OpenAI “privacy policy” – which I can see easily on the login/sign-up screen – was […]
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 […]
Three points of interest (also beyond Belgium) taken from the Belgian data protection authority’s new decision regarding bpost (postal services): – Legitimate interests can be a valid legal ground for direct marketing (this is already well known throughout the European Union, but it’s worth repeating, considering the opposite view that the Dutch Autoriteit Persoonsgegevens continues […]
New BDPA decision on data models + “research” as a compatible purpose. Two key questions: (i) If a data model is *no longer* based on a data subject’s data after an objection, can that data subject still file a complaint before a data protection authority? “Yes as long as that person can demonstrate an interest”, […]
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 […]
Now that the Commission has withdrawn its proposal for an ePrivacy Regulation, where does that leave the ePrivacy Directive and the issues organisations face? Over the past 7-8 years, a lot has been said about the proposed ePrivacy Regulation. Intended as both a modernisation of the ePrivacy Directive and a manner of getting to (more) […]
Yesterday, I had the pleasure of giving a 5h presentation on the latest case law on the GDPR and other data protection legislation at various levels (Belgium, other EU countries, the Court of Justice and the European Court of Human Rights) to Data Protection Officers from a broad range of organisations and companies. The past […]
Understanding what is and is not personal data is fundamental to the proper interpretation and enforcement of the most famous data protection law, the GDPR. If no personal data are being processed, the GDPR simply does not apply. Some have considered that “personal data” is an absolute concept, i.e. information can be “in and of […]
