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In its newest decision, the Belgian DPA takes a stance that will please both consumer rights organisations and anyone who likes to rely on the primacy of EU legislation (versus local national legislation), on an issue that would not have arisen if the Belgian legislator had stuck to the text of the GDPR. This all […]
The privacy discourse is often one-sided: regulators and campaigners are vocal (“fundamental rights violated”, “illegal consent”), and few want to push back in public (lawyers because they are not keen on voicing their opinion, businesses because they fear drawing attention to themselves) – even though the GDPR *allows* interferences with privacy and data protection rights […]
Fancy catching up on some of the issues regarding onlineadvertising, ePrivacy, the GDPR, data as a commodity, cookieless and consent? Listen to this podcast episode in which I presented a different angle on these topics (and more). privacy data protection
Goodbye Google Cache – you were one of the best friends of litigators when it came to evidence-gathering. The Wayback Machine is obviously still there and a tremendous resource for longer term evidence, but for shorter term Google Cache was great. (On the defending side, if you were savvy enough, you knew that you could […]
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 […]
The linguistics” – that’s what I said was intriguing about the AG Opinion in a GDPR class action case (Meta v BVV, CJEU case C-757/22) when Global Data Review asked me for a quote. This case deals with Art. 80(2) GDPR, which allows EU Member States to adopt (if they wish) laws to permit (consumer […]
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 […]
Interesting new CJEU judgment on “controllership” (but only limited considerations re “joint controllership”) and perhaps incidentally broadening the legal ground of “legal obligation” under the GDPR. The CJEU says that legal provisions can determine the purposes and means “at least implicitly”, which is not exactly what some authorities had considered previously. The context: the Moniteur […]
As a Data/Tech lawyer and software developer, I love innovation. But I am also cautious about using solutions without first knowing which problem precisely they will solve – or using technology without first thinking about issues that may arise from their use. I have been helping companies on the use of artificialintelligence tools for several […]
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 […]
