IAPP Global Privacy Summit Recap, Big Questions, and Indiana Jones Analogies
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
European regulators unofficially announced the major theme of this new year, through the release of several decisions pertaining to cookies and other tracking technologies in the first 10 days of 2022. As the General Data...more
Die Datenschutzorganisation noyb droht mit über 10.000 Beschwerden wegen möglicher rechtswidriger Verwendung von Cookies. Am 31. Mai 2021 startete die Datenschutzorganisation noyb (die Abkürzung steht für „none of your...more
On 10 February 2021, over two and a half years after the anticipated adoption of the e-Privacy Regulation, European Member States have agreed to a revised text. Portending a potential break in the three-year impasse, the...more
The Council of the European Union (Council) released a new draft of the ePrivacy Regulation (Council doc. 5642/21) on January 5, 2021. Various versions of the ePrivacy Regulation have been under consideration in the Council...more
The French data protection authority’s decisions cite violations of the cookie rules under the ePrivacy Directive and provide important insights on explicit consent. Between December 2019 and May 2020, the French data...more
Last November, the Spanish Data Protection Authority (Spanish DPA) published its new Guidelines on the Use of Cookies within the framework of the GDPR and Spanish E-privacy rules. ...more
Under the ePrivacy Directive, in conjunction with the GDPR, the use of nonessential cookies (e.g., advertising and analytics) requires an affirmative, opt-in consent. Pre-ticked check boxes and other defaults that do not...more
The Court of Justice of the European Union (CJEU) published a judgment that echoes the recent developments discussed in our August update, "New Developments in EU for Cookies and Online Tracking." This is an important...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
On 12 March 2019 at its Eighth Plenary Session, the European Data Protection Board (“EDPB”) adopted its Opinion 5/2019 on the interplay between the ePrivacy Directive (“ePD”) and the General Data Protection Regulation...more
On March 15, 2019, the European Data Protection Board published Opinion 5/2019 on the interplay between the ePrivacy Directive and the GDPR, in particular regarding the competence, tasks, and powers of data protection...more
This is the sixth issue of WilmerHale’s 8-in-8 Recent Trends in European Law and Policy Alert Series. Our attorneys will share insights on current and emerging issues affecting companies doing business in Europe and across...more
On 10 January 2017, the European Commission (‘Commission’) presented a proposal for a Regulation on Privacy and Electronic Communication (‘ePrivacy Proposal’). The main objective behind the proposed act is to align the...more
An internal Commission draft of a new ePrivacy Regulation (Draft) has been leaked to the public. The Commission plans to propose it in early 2017, but the content of the Draft does not seem near a final proposal. It is either...more