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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 […]
Consent or Pay” again – this time a recorded webinar! Behavioural vs contextual ads, freedom to conduct a business, flaws in the EDPB’s approach, lots of ground covered in this webinar! With Eva Jarbekk, Miko?aj Barczentewicz and Rob Corbet GDPR data protection ePrivacy privacy
What a week! So what’s next? After 3 speaker slots at CPDP2024 (featuring some of the most heated exchanges of the entire conference), one webinar, and loads of really good discussions on the biggest data protection topics (“Pay or OK”, “Advertising, data protection and AI”, “balancing of fundamental rights: protection of personal data vs/with freedom […]
?? Let’s dare to question the primacy of the right to the protection of personal data, and see what comes of it. A little pragmatism, perhaps, given that data protection is not absolute? Here’s my summary for the “too long; didn’t read” crowd: (but really, read the whole article!) – GDPR compliance is the justification […]
Let the name-calling begin. Companies looking to leverage data are now told that it is just like they are responsible for oil spills, cancer and drug cartel violence. As a lawyer working for some of the companies facing these absurd comparisons, I thought I would tackle another controversial stance now: just how absolute (or relative) […]
