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In law, the choice of words matters, and a given interpretation can mean the difference between a behaviour being permitted or prohibited. When some recently claimed that the Cologne Higher Regional Court might have misinterpreted one of the European Union’s newer data-related acts, the Digital Markets Act (DMA for short), the challenge to the judges’ […]
Does training of AI systems involve the processing of personal data, and is it permitted under the GDPR? These were the two fundamental questions that I have already looked into in two previous articles: On the date of that second article, the Cologne Higher Regional Court (the Oberlandesgericht Köln – the Cologne HRC) delivered a […]
Part 2 of critical review of the Commission’s PayorOK decision on Meta & the DMA: now for the more GDPR-related part, on consent. As mentioned in part 1 ( https://lnkd.in/dvNKkjWk ), the European Commission (EC) draws lots from the EDPB’s Consent or Pay Opinion. [I was *very* critical of that Opinion – see https://lnkd.in/eddQ4yW8 ] […]
Not impressed. PayorOK, Meta & DMA: EU Commission says paid service is not “equivalent” to ad-funded service. The reason? You need “access to an online payment service” [§91] + the user experience (UX) is different due to other access conditions. Basically, per the decision of the Commission (EC), a choice between “pay with your wallet, […]
Key takeaways from a great lunch discussion on the Digital Fairness Act with European Commission officials and representatives from consumer rights / industry / SME organisations: – Businesses of all sizes should start gathering data to show to the Commission the impact that personalised advertising has had on their growth, if applicable. – The Commission […]
The European Commission’s announcement that it will consider simplifying regulatory regimes, notably in relation to data and technology, seems to open Pandora’s box. Is it a chance to draw lessons from what works well and what works less well? In this series on “Better Regulation” in relation to the digital economy, I will be exploring […]
The European Commission’s announcement that it will consider simplifying regulatory regimes, notably in relation to data and technology, seems to open Pandora’s box. Is it a chance to draw lessons from what works well and what works less well? In this series on “Better Regulation” in relation to the digital economy, I will be exploring […]
Register now for the free webinar of Friday 15 November (noon CET) on Personalised Advertising and “Consent or Pay” (critical perspectives on EDPB guidance and regulatory considerations). Moderated by Etienne Drouard (Hogan Lovells), my co-panellists include Townsend FEEHAN (IAB Europe), Daniela GOMEZ (Groupe TF1) and Dirk Freytag (BVDW). Registration link: https://lnkd.in/diwE3Ybj This is ahead of […]
Did I get this right? Thierry Breton at the European Commission is suggesting that a specific form of advertising (“contextual” – i.e. ads based on limited data) is required by the DMA, as an alternative to another (profile-based advertising), and that a “consent or pay” approach might not be permitted (the Commission apparently has “serious […]
Laws with cybersecurity requirements: time for the lawyer to wear a hoodie and for the CISO to put on a lawyer’s gown. [because we all know that’s how the other profession dresses 100% of the time] For years I have been stressing the need for cybersecurity and legal teams to work as one – and […]
