Scope: GDPR

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Op-Ed: A critical analysis of the EDPB’s “Pay or Consent” Opinion

Illustration: Dall-E rendering of just how potentially evil the European Data Protection Board (EDPB) and certain privacy rights campaigners view the “Pay or Consent” approach + large companies. I didn’t try to get any drug cartel references in there, though as a lawyer acting for adtech companies I have been likened to a drug cartel […]

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Registration open: legal strategies for tomorrow’s adtech and metrics rules

Registration now open for our 2h webinar on Adtech & Metrics: EU Law Evolutions and Tomorrow’s Legal Strategies! (16 May, 3pm CET) – Are you in the adtech & metrics industry or do you work for a digital platform or publisher? And are you involved in product design, Legal, Compliance, privacy or data protection? This […]

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Is sending an email to the wrong recipient automatically a GDPR violation?

Sending an e-mail to the wrong recipient by mistake is “potentially” an infringement of Articles 5 and 6 of the GDPR, says Belgian DPA, in a “prima facie” decision that may cause a stir. In proceedings before it, the Belgian DPA can decide whether to take a preliminary decision *before* any decision on the merits. […]

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Developing tomorrow’s legal compliance strategies for digital advertising

Adtech & metrics: EU law evolutions and tomorrow�s legal strategies” – tentative title for our next webinar mid-May, in the form of a 2h virtual & complimentary workshop. Measurement, attribution, monetisation; legal grounds and technologies. A number of key topics would be examined from a legal perspective (taking into account the broader data protection framework […]

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Why target ads don’t inherently require consent under the IAB Europe ruling

No, consent is *not* required for real-time bidding or targeted ads pursuant to the CJEU’s IAB Europe / TCF judgment. Why not? Because the paragraph where the CJEU suggests this is not part of the scope of the responses, so it’s an “obiter dictum” – that’s what it’s called when a court says something that […]

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Is the European Commission fundamentally misunderstanding contextual ads?

Did I get this right? Thierry Breton at the European Commission is suggesting that a specific form of advertising (“contextual” – i.e. ads based on limited data) is required by the DMA, as an alternative to another (profile-based advertising), and that a “consent or pay” approach might not be permitted (the Commission apparently has “serious […]

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The cybersecurity intersection: when lawyers wear hoodies and CISOs read laws

Laws with cybersecurity requirements: time for the lawyer to wear a hoodie and for the CISO to put on a lawyer’s gown. [because we all know that’s how the other profession dresses 100% of the time] For years I have been stressing the need for cybersecurity and legal teams to work as one – and […]

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Spotting a critical translation shift in an Advocate General opinion on privacy

Stunned to notice, while re-reading an important Opinion by an Advocate General to advise a client, that when he says “According to the case-law of the Court of Justice [of the European Union]”, he is actually quoting non-binding regulatory opinions (not from the CJEU) and only one CJEU judgment that doesn’t even come close to […]

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What you may have missed in the CJEU appellate judgment on the OLAF case

With the IAB Europe judgment and some others, you may have missed the CJEU’s appellate judgment in the OLAF case on the EUI GDPR – which (also) deals with the concept of “personal data”. Here is my take: First, the EUI GDPR – Regulation 2018/1725 – is extremely similar to the GDPR itself, also as […]

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The immediate operational impact of the CJEU IAB Europe and TCF judgment

Want to know what is the impact of today’s IAB Europe / TCF judgment for your business? (A couple of adtech / martech players have already reached out for advice, so I figure it may be a question many have) If you can’t find the answer to your specific situation in the IAB Europe FAQ […]

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