Scope: GDPR

Can't find what you're looking for? Try the search bar!

Why your digital business is heavily impacted by the expansive EDPB ePrivacy guidelines

Just over two weeks to go to comment on the extremely extensive ePrivacy guidelines of the EDPB, now covering pretty much any interaction with the Internet or a computer. Working on one anonymised response in particular to integrate concerns of certain organisations, I wonder once more why the EDPB did not seek to better justify […]

Read Analysis →

Essential updates for your corporate terms and privacy statements this new year

With the New Year comes a reminder that many companies update their contractual terms / privacy statements / etc. around this time – so keep track of what is happening. [A while ago I built a monitoring tool for one client to automatically keep them informed of updates (even small ones) to various legal documents […]

Read Analysis →

Why advising on the AI Act before the final text is published is a major gamble

Amazing how many posts I see from law firms and consultants about the AI Act and saying they can advise on the implications for businesses – before the details of the final text are known! We know some of the general ideas, but don’t run to lawyers just yet for precise advice – or risk […]

Read Analysis →

Join our live roundtable debate on targeted advertising and pay or OK frameworks

You probably don’t want to miss this! Tomorrow I have the pleasure of taking part in a roundtable on targeted advertising and “Pay or OK”, covering topics such as: – Regulatory developments affecting profile-based advertising – Legitimacy of targeted advertising as a business model – Subscription models (+ “pay or data”) as a valid compliance […]

Read Analysis →

Discussing the future of commercial adtech consent frameworks with Eduardo Ustaran

Thanks Eduardo Ustaran for hosting and moderating this roundtable, where I will also have the pleasure of discussing “Pay or OK” and targeted advertising with Townsend FEEHAN (IAB Europe), Cecilia Alvarez (Meta), Miko?aj Barczentewicz (University of Surrey) and David Pfau (Conreri). Looking forward to this! gdpr data protection eprivacy

Read Analysis →

Top five client concerns regarding the new ePrivacy rules for contextual ads

So consent will be needed for contextual ads? Why limit ourselves then?” Top 5 concerns and questions shared with me by various clients re new EDPB�ePrivacy�guidelines: 1. “Do they even understand the technology?”: Overbroad notion of “access” is regulatory activism at its worst, coupling active notion of “access” to passive receipt, conflating individual entering into […]

Read Analysis →

EDPB seeks to redefine ePrivacy – Part II: Overbroad notions and regulator activism?

Last week, I questioned the European Data Protection Board’s very authority to adopt its newly published Guidelines 2/2023 on Technical Scope of Art. 5(3) of ePrivacy Directive (i.e. the so-called “cookie” rule), guidelines according to which those rules should also apply to a broad range of other technologies and information, such as IP addresses, pixels […]

Read Analysis →

EDPB seeks to redefine ePrivacy – Part I: By what authority?

“They will cover many scenarios”, said an EDPB member informally a couple of days ago, talking about what would become the EDPB’s new Guidelines 2/2023 on Technical Scope of Art. 5(3) of ePrivacy Directive (subject to a public consultation – more on that later). After having gone through them in detail, I cannot help but […]

Read Analysis →

How the CJEU Scania judgment challenges the absolute definition of personal data

The relative nature of “personal data” strikes again (or does it?). In today’s judgment in C-319/22 (Scania), the CJEU has seemingly confirmed that whether information is “personal data” or not depends on the entity/person processing it, like the General Court had done in other cases. This case asks whether a vehicle identification number (VIN) is […]

Read Analysis →

Why letting an AI bot join group meetings without consent is a corporate risk

Pro tip: next time you want to let an AI bot join a group call on your behalf, make sure that all participants are OK with it. (In recent calls within the digitalecosystem and adtech industry, it’s like every week we have to boot a new transcription bot that was invited by a different person […]

Read Analysis →