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A months-old German court decision on Google Tag Manager has resurfaced here, with many claiming the GDPR applies to every use of GTM or similar tools. A bit of nuance may be useful: – First, that claim that the use of IP addresses and other identifiers = always processing of personal data? Let’s first wait […]
So the Digital Fairness Act consultation process begins, with lofty yet potentially flawed goals. The Commissions wishes to notably: – “[prevent] traders from using dark patterns and other unfair techniques that pressure, deceive and manipulate consumers online – “[address] problematic personalisation practices, including situations where consumer vulnerabilities are targeted for the purposes of personalised advertising […]
Does training of AI systems involve the processing of personal data, and is it permitted under the GDPR? These were the two fundamental questions that I have already looked into in two previous articles: On the date of that second article, the Cologne Higher Regional Court (the Oberlandesgericht Köln – the Cologne HRC) delivered a […]
Mass rejection of NOYB complaints by Belgian DPA: repeating the cases I have commented before (see notably https://lnkd.in/eMGbdWPh), the Belgian DPA just rejected 16 complaints of NOYB in 5 different cases based on the fact that there was no actual (non-fictional) mandate by data subjects. In its press release (to explain the multiple rejections), the […]
Lots of potential for violations of the rights of defence. My critical analysis: https://lnkd.in/e3xDp82T GDPR data protection privacy
Part 2 of critical review of the Commission’s PayorOK decision on Meta & the DMA: now for the more GDPR-related part, on consent. As mentioned in part 1 ( https://lnkd.in/dvNKkjWk ), the European Commission (EC) draws lots from the EDPB’s Consent or Pay Opinion. [I was *very* critical of that Opinion – see https://lnkd.in/eddQ4yW8 ] […]
Not impressed. PayorOK, Meta & DMA: EU Commission says paid service is not “equivalent” to ad-funded service. The reason? You need “access to an online payment service” [§91] + the user experience (UX) is different due to other access conditions. Basically, per the decision of the Commission (EC), a choice between “pay with your wallet, […]
Many myths and exaggerations in reactions to WhatsApp’s announcement re ads. From “everything I mention in chats is used for ads” (that’s not how digital advertising works, and Meta had even made it clear message content is never used) to “all your Instagram and Facebook data is used” (while the WhatsApp announcement suggests this only […]
*facepalm* Anti-fraud measures require consent in the context of e-mail tracking? “Thanks a lot”, regulated industries will say, as there are many sectors where anti-fraud measures are *required by law*. Even in industries where this isn’t the case, requiring consent for anti-fraud defeats their very purpose. Really, which fraudster will consent to the use of […]
This is an article that I wrote in the context of a Chatham House rules roundtable on questions to be tackled more extensively in the future regarding the interaction between AI systems & data protection. This particular one relates to AI agents and the notion of authority, notably as regards (i) the user’s perspective (subordination?), […]
