EU AI Act: distinguishing “manipulative” AI from standard adtech

AI-powered adtech = prohibited AI? Interesting perspective, though I have my doubts as to whether the typical adtech-related AI systems we encounter in Europe would be classified as “manipulative” (let alone harmful) under the EU AI Act – once we look at how things work in practice. After all, manipulation and influence are not the […]

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Spotting the irony when privacy critics use dark patterns and trick wording

Wasn’t FOMO manipulation / “trick wording” a darkpattern? Why then do some critics thereof use them? Genuinely curious. Not all do so, far from it (and some of the most prominent ones are very good at *avoiding* such techniques), but it seems that some enjoy labelling everything as “Breaking” (even information that is more than […]

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Relative nature of personal data, consent for pseudonymisation? Dissecting the EDPS v SRB AG Opinion

Understanding what is and is not personal data is fundamental to the proper interpretation and enforcement of the most famous data protection law, the GDPR. If no personal data are being processed, the GDPR simply does not apply. Some have considered that “personal data” is an absolute concept, i.e. information can be “in and of […]

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Personalisation of digital audiovisual service + use of social media logins

Personalisation of digital audiovisual service + use of social media logins: Belgian DPA follows our arguments that contract can be a valid legal ground for personalised services and that terms of use of an online service can be a valid contract to that end, and it recognises that provided there is transparency & data minimisation, […]

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Irish DPC v EDPB: consequences of General Court judgment for EDPB’s authority

After last week’s EU General Court judgment in the Irish DPC vs EDPB case, some claimed that this makes EDPB Guidelines and Opinions unassailable. (Yes, really.) That’s wrong. Let’s look at what the judgment means for the EDPB’s authority – and some issues it raises: 1/ Scope of EDPB binding decisions The judgment of the […]

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The common misconceptions around contextual versus targeted advertising

Contextual ads > targeted ads”? Often this approach refers to one Dutch broadcaster’s (misinterpreted) story and mistaken assumptions that “contextual” means “no data”. Now for the opposite story from Belgium: the news website Tweakers tried an allegedly “tracking-free” contextual ad system since May 2022 but announced yesterday it was not economically viable and would be […]

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Will AI replace junior lawyers or redefine the next generation of legal talent?

AI won’t replace you – a lawyer who uses it will” is quickly becoming a clich� � but what about junior lawyers and the next generation(s)? With the publication of the “Better Call GPT” study, I thought it would be good to finally publish (and update) an op-ed I have been mulling over since April […]

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How the phasing out of third-party cookies shapes the Google Privacy Sandbox

One of the hot topics in onlineadvertising today is the Google Privacy Sandbox, especially given the phasing out of 3rd-party cookies in Chrome. For a discussion that will likely cover the practical implications and possible limitations (and perhaps less the legal aspects like ePrivacy and GDPR?), I cannot recommend enough the lineup of tomorrow’s discussion. […]

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Op-Ed: Data protection damages without proof, courtesy of shortcuts in legal reasoning (Case T-354/22, Bindl)

This op-ed was first published on EULawLive on 21 January 2025 and is now republished here, in accordance with the EULawLive guidelines & terms for guest authors. The header image is of course an easy pun about the implications of a broader application of judgment T-354/22 and how data subjects might be in a position […]

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Data Protection Day: podcast on AI & GDPR

Fun 45min interview with Legal4Tech on the GDPR, data protection concerns and AI, the concept of personal data and more – with a short video excerpt here. Listen to the full podcast on Spotify or Apple Podcasts.Happy Data Protection Day! Thanks Rosalia Anna D’Agostino, Giacomo Amodio & Giacomo Di Gregorio for the chat.

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