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The Spanish AEPD updated its cookie guidance to take into account the EDPB’s “Consent or Pay” Opinion 08/2024 – changes on pages 29 & 30 in Spanish (see highlighting in the machine translation attached). This shows exactly why the many flaws of the Opinion are problematic: they *are* having an impact on DPAs’ practices. More […]
Should businesses really consider making a product fully free, with no ads, nada? During the IAPP video call on the EDPB’s view on its “Consent or Pay” opinion, I was struck by the following instruction for businesses: “first, consider whether you can provide it [= the service/product] for free”. [see at 35m21s in the video […]
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 […]
Here it goes – my (preliminary) in-depth analysis of the EDPB’s Opinion on “Pay or Consent”. Some objective elements: – This Opinion is 42 pages full of repetition, vague concepts and emotional sections – It is based on an aversion to profile-based advertising that is never properly explained – It does not take into account […]
*Lots* to be said about the EDPB’s Opinion 08/2024 on “Consent or Pay”. One thing that strikes me throughout the document is the insistence on a “Free Alternative Without Behavioural Advertising” (= contextual ads). [Edit: full analysis now live: https://lnkd.in/eddQ4yW8 ] The reasoning goes like this: – if you are a “large online platform”, the […]
Pay or OK” is one of the big topics of right now – and ahead of the EDPB’s expected Opinion aimed at Meta’s approach and further Guidelines with a broader scope, IAB Europe has published a useful reminder that “even on digital content or services that may be well-suited for contextual, the selling of non-personalised […]
Great to see so many big and small(er) names of the adtech, publishing and metrics world have already registered for our 2h complimentary webinar taking place on 16 May at 3pm CET / 9am EDT, entitled “Adtech & Metrics: EU Law Evolutions and Tomorrow�s Legal Strategies”. GDPR, ePrivacy, DMA (Digital Markets Act) and DSA (Digital […]
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 […]
Belgian DPA’s direct marketing recommendation: great first attempt, but questionable positions included. First thoughts: [The BDPA has published a new direct marketing recommendation (replacing one of 5 years ago), and it’s a very good document. A public consultation is open until 10 May, and I hope some comments will deal with its shortcomings.] – Claim […]
IAB Europe’s letter to the EDPB on “Pay or Consent” is out – with considerations relating to the GDPR and broader data protection rules, fundamental rights, personal data as “consideration” for a contract (co-signatories: Alliance Digitale, IAB Italia & IAB Spain) Key points: – �The assessment of �Consent or Pay� models must remain coherent with […]