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Is this about having their cake and eating it too? Norway, Netherlands & Hamburg want European regulators to take a position on “pay or consent” (or “pay or OK” or “pay or data”, however you wish to call it), and the Norwegian data protection authority says in this respect that “it will still be possible […]
Reading through the CNIL’s new decision against Yahoo on cookies brings back to mind a question that has stuck with me for well over a decade: what is the exact reasoning that has led many EU-based authorities to say that advertising cookies/etc. are not strictly necessary for the provision of a service, and why does […]
Surely you don’t need consent to display a user interface? UIs illustrate issues re the EDPB’s strict ePrivacy guidelines, combined with a strict approach re consent exemptions. After all: – UIs are programming instructions (e.g. in HTML, CSS, Javascript in the case of websites) so that your browser / OS / … knows how to […]
Just over two weeks to go to comment on the extremely extensive ePrivacy guidelines of the EDPB, now covering pretty much any interaction with the Internet or a computer. Working on one anonymised response in particular to integrate concerns of certain organisations, I wonder once more why the EDPB did not seek to better justify […]
So consent will be needed for contextual ads? Why limit ourselves then?” Top 5 concerns and questions shared with me by various clients re new EDPB�ePrivacy�guidelines: 1. “Do they even understand the technology?”: Overbroad notion of “access” is regulatory activism at its worst, coupling active notion of “access” to passive receipt, conflating individual entering into […]
Last week, I questioned the European Data Protection Board’s very authority to adopt its newly published Guidelines 2/2023 on Technical Scope of Art. 5(3) of ePrivacy Directive (i.e. the so-called “cookie” rule), guidelines according to which those rules should also apply to a broad range of other technologies and information, such as IP addresses, pixels […]
“They will cover many scenarios”, said an EDPB member informally a couple of days ago, talking about what would become the EDPB’s new Guidelines 2/2023 on Technical Scope of Art. 5(3) of ePrivacy Directive (subject to a public consultation – more on that later). After having gone through them in detail, I cannot help but […]
Great news about the EU-U.S. adequacy decision! But let’s remember that many organisations want a solution for global transfers, not just for the United States. While the EU-U.S. adequacy decision helps a lot, it is only part of the solution that organisations need. Let’s look at some of the other components. Another part of the […]
We showed a year ago that the European Data Protection Board’s fining methodology would likely lead to much higher fines… but at the time it seemed like SMEs would not be that strongly affected. The newest version of the fines just seems to confirm that everyone will be affected, and even more so than before. […]
How do GDPR fines of the French CNIL (and other authorities) compare to the EDPB’s guidelines on administrative fines for data protection infringements? That’s what the excellent Florence Chafiol and I will be discussing during our session (in French) at the IAPP’s “DPI: France” on Tuesday 14 March in Paris. Trends, divergences (+ forum shopping), […]
