In case you missed it, below are recent posts from Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.
Balancing the Scales: How to Use “Legitimate Interest” to Process Personal Data “Fairly”
On October 9, 2024, the European Data Protection Board (EDPB) unveiled its much-anticipated Guidelines on using legitimate interest (Article 6.1(f) of the GDPR) as a lawful basis for processing personal data. These guidelines set out clear criteria for data controllers, and will therefore be most welcome.
For years, legitimate interest has been among the go-to option for organizations, with the idea that it offers more flexibility (as long as you comply with the inherent requirements of its use). High-profile cases, like the Court of Justice of the European Union’s (CJEU) decision in Royal Dutch Tennis Association (KNLTB), acknowledged that commercial interests may qualify as legitimate, but also crystalized the tension on its uses from supervisory authorities and privacy advocates.Continue Reading Balancing the Scales: How to Use “Legitimate Interest” to Process Personal Data “Fairly”
Op-ed on what we know of the EDPB opinion on Pay or OK
April 17, 2024, 5:15 p.m. (Brussels)
Today, the EDPB plenary had a moment. It discussed an opinion on the Pay or OK models for social media. It was not its role, but it was likely trapped to do, as Art. 64(2) GDPR didn’t consider that national data protection authorities would sometimes use tactics similar to privacy activists to weaponize fundamental rights in a fight that has very little to do with privacy at its core. The discussion is much more about the Internet we want (or not).
“In most cases, it will not be possible for large online platforms to comply with the requirements for valid consent if they confront users only with a binary choice between consenting to processing of personal data for behavioral advertising purposes and paying a fee” says the opinion (according to the leak from POLITICO).Continue Reading When the EDPB is Weaponized, It Is Our Privacy That Is at Risk
On February 13, 2024, the European Data Protection Board (EDPB) released its opinion on the notion of the main establishment of a controller in the EU under article 4(16)(a) GDPR and the criteria for the application of the “one-stop shop” mechanism, in particular, regarding the notion of a controller’s “place of central administration” (PoCA) in
The start of a new year always brings New Year’s resolutions. If privacy by design is one of yours (just months after the Irish watchdog announced a €265 million fine for a breach of this concept, it seems reasonable to have it on your radar), 2023 is off to a good start with a new
In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.
In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.
On February 15, 2022, the European Data Protection Board (“EDPB”) issued a press release announcing the launch of its first coordinated enforcement action, under the Coordinated Enforcement Framework (“CEF”) established in 2020 (see section 3 below). The initiative will focus on the use of Cloud based services by the public sector and will involve 22