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Yesterday, I had the pleasure of giving a 5h presentation on the latest case law on the GDPR and other data protection legislation at various levels (Belgium, other EU countries, the Court of Justice and the European Court of Human Rights) to Data Protection Officers from a broad range of organisations and companies. The past […]
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 […]
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, […]
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 […]
In today’s Official Journal: Meta’s annulment action against the EDPB’s Consent or Pay Opinion (Opinion 08/2024). Here are the pleas: “In support of the action, the applicant relies on seven pleas in law. 1. First plea in law, alleging that either Article�64(2) GDPR is illegal and inapplicable pursuant to Article�277�TFEU, or it requires a restrictive […]
New Belgian DPA decision, interesting on 3 points: 1. Confirmation of BDPA’s approach re “legal obligation” and “public interest” legal grounds 2. Re retention: the need to assess recidivism does not justify unlimited processing 3. Reference to EDPB’s newly updated GDPR fining guidelines (re factors affecting the amount of the fine) 1. The Order of […]
?? Let’s dare to question the primacy of the right to the protection of personal data, and see what comes of it. A little pragmatism, perhaps, given that data protection is not absolute? Here’s my summary for the “too long; didn’t read” crowd: (but really, read the whole article!) – GDPR compliance is the justification […]
Let the name-calling begin. Companies looking to leverage data are now told that it is just like they are responsible for oil spills, cancer and drug cartel violence. As a lawyer working for some of the companies facing these absurd comparisons, I thought I would tackle another controversial stance now: just how absolute (or relative) […]
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 […]
