Life With GDPR: Cathay Pacific Enforcement Action
Life With GDPR: Episode 30- British Airways Data Breach Enforcement Action
E18: ICANN Loses First GDPR Court Ruling in Germany
The UK Information Commissioner’s Office recently reported that it is continuing its review of website cookie banners. It had expressed concern late last year that these banners were not giving “fair choices” because they did...more
On 18 January 2023, the European Data Protection Board (the “EDPB”) announced the adoption of a report on the work undertaken by the Cookie Banner Task Force (the “Task Force”). The Task Force was formed in September 2021 for...more
The legal requirements for the use of cookies have been subject to discussion over the last few years, with little to no enforcement and guidance from European data protection authorities (DPAs). That has changed recently....more
In its long-awaited judgment, the European Court of Justice (CJEU) decided the data protection requirements for obtaining consent when using cookies. The court held that “passive” acceptance of cookies through prechecked...more
On October 1, the European Court of Justice (the “ECJ”) confirmed recent guidance from the UK and CNIL regulators in finding that the use of pre-checked boxes does not constitute consent for processing of personal information...more
UK data protection regulator demands companies in the RTB ecosystem re-evaluate privacy notices, use of personal data, and lawful basis. The UK Information Commissioner’s Office’s (ICO’s) latest report into adtech and real...more
Probably not. A data subject’s consent to the use of analytics or behavioural cookies must be a valid “affirmative act.” While it may be argued that the data subject is indeed performing an “affirmative act” by continuing...more
Probably not. A cookie can qualify as “personal data” under GDPR when it can be linked to an individual person. Even in instances where a cookie cannot be linked, it is still governed by the ePrivacy Directive and...more