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*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 […]
So, while we wait to see the EDPB’s Opinion on “Pay or OK”, a few things to look out for: (i) is the EDPB really going to push for a “third” option for large platforms? On what authority? (ii) I have been observing for a while that data protection regulators are adopting increasingly anti-business practices, […]
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 […]
My reading right now – the ICO recognising (unlike the EDPB) the relative nature of personal data and the moving scale of identifiability. This guidance on Pseudonymisation & Anonymisation looks more promising than what the EDPB had published! Link: https://lnkd.in/eN7DacRV GDPR privacy data protection
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. […]
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 […]
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 […]
Time to talk about what can be done to improve the “cookie” rule! In Part I of this series on the opportunities and difficulties of today’s ePrivacy regime, I discussed the underappreciated and seemingly-easy-but-really-complex world of the anti-spam rule, Article 13 of the ePrivacy Directive (or ePD). This Part II is about a provision that […]
