The ironic reality of automated recruitment matching algorithms

Out of the blue, I just received an invitation to apply for a job as Tax legal advisor. Contrary to their belief (hopefully not yours), I have developed a different kind of expertise (maybe I should offer my services to help them improve their understanding of their data). If, unlike them, you think I might […]

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Debunking the inevitable misinformation around the Schrems v Meta opinion

Expect a lot of misinformation regarding AG Rantos’s Opinion of today in the CJEU case regarding Schrems v Meta. Why? (i) Some campaigners are claiming that this is a victory on question 2*, because the advertising industry would allegedly keep years and years of data for advertising purposes. Yet old information is less valuable for […]

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Op-Ed: A critical analysis of the EDPB’s “Pay or Consent” Opinion

Illustration: Dall-E rendering of just how potentially evil the European Data Protection Board (EDPB) and certain privacy rights campaigners view the “Pay or Consent” approach + large companies. I didn’t try to get any drug cartel references in there, though as a lawyer acting for adtech companies I have been likened to a drug cartel […]

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Registration open: legal strategies for tomorrow’s adtech and metrics rules

Registration now open for our 2h webinar on Adtech & Metrics: EU Law Evolutions and Tomorrow’s Legal Strategies! (16 May, 3pm CET) – Are you in the adtech & metrics industry or do you work for a digital platform or publisher? And are you involved in product design, Legal, Compliance, privacy or data protection? This […]

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Is sending an email to the wrong recipient automatically a GDPR violation?

Sending an e-mail to the wrong recipient by mistake is “potentially” an infringement of Articles 5 and 6 of the GDPR, says Belgian DPA, in a “prima facie” decision that may cause a stir. In proceedings before it, the Belgian DPA can decide whether to take a preliminary decision *before* any decision on the merits. […]

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Developing tomorrow’s legal compliance strategies for digital advertising

Adtech & metrics: EU law evolutions and tomorrow�s legal strategies” – tentative title for our next webinar mid-May, in the form of a 2h virtual & complimentary workshop. Measurement, attribution, monetisation; legal grounds and technologies. A number of key topics would be examined from a legal perspective (taking into account the broader data protection framework […]

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Why target ads don’t inherently require consent under the IAB Europe ruling

No, consent is *not* required for real-time bidding or targeted ads pursuant to the CJEU’s IAB Europe / TCF judgment. Why not? Because the paragraph where the CJEU suggests this is not part of the scope of the responses, so it’s an “obiter dictum” – that’s what it’s called when a court says something that […]

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The corporate obsession with appointing an executive Chief AI Officer

You’re a Chief AI Officer! And you! And you too!” – Recently, requiring AI officers has become all the rage. (Funnily enough, there were Chief Internet Officers at one point, and there may still be vestiges of the role of Chief Blockchain Officer in some places) In the US, the White House Office of Management […]

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Is the European Commission fundamentally misunderstanding contextual ads?

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 […]

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The cybersecurity intersection: when lawyers wear hoodies and CISOs read laws

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 […]

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