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The Market Court decision is out in the IAB Europe / TCF vs Belgian DPA case, and its conclusion is nuanced (as one of the few to have truly read the judgment, trust me on this): (i) TC Strings are (were?) personal data under TCF 2.0, (ii) IAB Europe is (was?) joint controller regarding TC […]
Since November 2023*, I have been giving lots of thought to EDPB accountability – and how to challenge it. The recent General Court judgment setting aside Meta’s challenge to the Consent or Pay Opinion appears at odds with the Advocate General’s Opinion in the CJEU case regarding a WhatsApp binding decision of the EDPB. The CJEU […]
The European Commission’s announcement that it will consider simplifying regulatory regimes, notably in relation to data and technology, seems to open Pandora’s box. Is it a chance to draw lessons from what works well and what works less well? In this series on “Better Regulation” in relation to the digital economy, I will be exploring […]
Great events I’ll have the pleasure of speaking at in May: 1?? First, an IAPP web conference on adtech where I will be speaking alongside Dr. Sachiko Scheuing (with Joe Jones as moderator). “Adtech: Practical takeaways from recent EU developments”, on 7 May 2024 (4-5pm CET; 10-11am Eastern US). Organised by the IAPP – International […]
Can GDPR administrative fines be imposed for infringements that are not the result of either intent or negligence? (e.g. excusable, non-negligent human error) The CJEU Advocate General Campos S�nchez-Bordona says “No”. Others have already reported on the consequences of the new Opinion in the Deutsche Wohnen case (C?807/21) from the perspective of whether an undertaking […]
Personal data is a relative concept, EU General Court stresses in a new judgment – “it is necessary to put oneself in [the relevant organisation’s] position in order to determine whether the information transmitted to it relates to �identifiable persons�. The judgment reaffirms the conditional findings of the CJEU in its Breyer judgment (which found […]
Are Guidelines of the European Data Protection Board “challengeable acts”, and could you attack them before the General Court of the EU? What about Art. 64 GDPR Opinions of the EDPB? The Advocate General’s Opinion in the WhatsApp v EDPB case (re EDPB Binding Decisions) suggests that the answer could be “yes” regarding those Art. […]
Not convinced by the reasoning of CJEU Advocate General Szpunar in the Inteligo Media case on the notion of “direct marketing”. Why? (i) The reasoning on Art. 13(2) of the ePrivacy Directive (ePD) seems flawed. The AG suggests that “Article 13(2) [ePD] deals comprehensively with the question of consent” (para. 50) and that its lex specialis […]
A step towards EDPB accountability? Advocate General sides with WhatsApp in CJEU case on whether EDPB binding decisions can be challenged directly. Sure, it’s “just” an AG Opinion, but it’s well researched and argued. What it says: 1. What is a challengeable act? The AG says that some circumstances are *irrelevant* to assessing whether an […]
Readers will know that some of the EDPB’s positions in its pseudonymisation guidelines are unconvincing or absolutist by nature. Now, IAB Europe and other associations in the digital ecosystem have submitted their feedback on these guidelines, and the feedback shows the acute need for a review of those guidelines. This response is well worth the […]
