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EDPB vs administrative law: Reading the EDPB’s Pseudonymisation Guidelines once more (for the public consultation), the question of “why?” keeps repeating in my mind. Why use certain wording, why publish the Guidelines now? The list of CJEU judgments the Guidelines contradict is long already (Breyer, Scania, IAB Europe), and now the Advocate General’s Opinion in […]
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 […]
If A pseudonymises personal data of person Z and sends it to B, is it personal data from B’s perspective, even if B is never allowed to get additional information [=AddInfo] allowing the identification of Z? The EDPB suggests “yes” in its latest guidance on pseudonymisation. Based on the definition of pseudonymisation under the GDPR, […]
The Bindl judgment is significant. Some positives for controllers/processors: (i) hypothetical, unproven data transfers are not transfers (“the mere risk of access to personal data by a third country cannot amount to a transfer of data” – para. 135);(ii) repeating the principle (for EU Institutions’ non-contractual liability, but similar ones exist in most countries) that […]
Looking back + forwards, 4 big topics for me on LinkedIn in 2024 & likely still for 2025 are the following:– ePrivacy– “Consent or Pay”– AI & personal data– Cybersecurity The key ePrivacy topic was the European Data Protection Board’s guidelines on the technical scope of Art. 5(3) of the ePrivacy Directive – basically, “to […]
The European Data Protection Board is at it again: an urgent procedure has been launched to obtain clarification on “some of the core issues that arise in the context of processing for the purpose of developing and training an AI model”. The aim? To bring “some much needed clarity into this complex area”. Yet the […]
With the IAB Europe judgment and some others, you may have missed the CJEU’s appellate judgment in the OLAF case on the EUI GDPR – which (also) deals with the concept of “personal data”. Here is my take: First, the EUI GDPR – Regulation 2018/1725 – is extremely similar to the GDPR itself, also as […]
Summary + thoughts on the CJEU’s answer to the 1st question (“is the TC String personal data?”) in the IAB Europe & TCF case (C-604/22). [I may be biased] – 33: CJEU data protection Directive case law is “in principle” also relevant for the GDPR, “given that this directive was withdrawn by and replaced by […]
Breyer seemingly confirmed (means of identification are crucial), facts matter re establishment of joint controllership (it depends on whether there is actual influence and an own purpose), and joint controllership doesn’t necessarily extend to further processing (such as advertising) – we will be looking at the CJEU’s newest judgment (C-604/22 – IAB Europe / TCF […]
The relative nature of “personal data” strikes again (or does it?). In today’s judgment in C-319/22 (Scania), the CJEU has seemingly confirmed that whether information is “personal data” or not depends on the entity/person processing it, like the General Court had done in other cases. This case asks whether a vehicle identification number (VIN) is […]
