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Speaking with Max Schrems on the future of user consent networks
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 […]
The Belgian DPA cracks down on dark patterns and missing reject buttons
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 […]
Join my upcoming webinar with Max Schrems on the future of tracking consent
This should be fun! Didomi has invited me to share the floor with Max Schrems during a webinar on 24 Sept. on the Future of User Consent. I don’t always agree with Max or noyb.eu, whether in my personal conviction or through my professional work (in fact, I have/had a few litigation cases where we […]
Meta launches an annulment action against the EDPB consent or pay opinion
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 […]
How the EDPB fast-tracks its urgent guidelines on commercial data models
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”. […]
Why activist complaints are not authoritative legal decisions
A complaint is just that – a complaint. It is not a decision, it is not authoritative. Yet complaints by well-known campaigners and NGOs are spread widely here and on other platforms, while decisions of lower courts (you know, with judges and their decisions that are actually part of the legal order) are claimed by […]
Why Article 64(2) of the GDPR has become a problematic enforcement mechanism
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 […]
Enterprise advisory trends on cross-border data structures and adtech
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 […]
Debating privacy by design and online marketing with the Norwegian DPA
What a sight outside during our debate today on “Privacy by Design Online Marketing”, with Tobias Judin ?????? of the Norwegian DPA / Datatilsynet (great exchanges between us of course), Dr. Sachiko Scheuing of Acxiom/FEDMA (ever practical insights into how organisations approach digital marketing) and Luca Bolognini of ICT Legal Consulting (fantastic ideas regarding transparency), […]