A much-anticipated Opinion from the European Data Protection Board (EDPB) on AI models and data protection has not resulted in the clear or definitive guidance that businesses operating in the EU had hoped for. The Opinion emphasises the need for case-by-case assessments to determine GDPR applicability, highlighting the importance of accountability and record-keeping

Continue Reading EU: EDPB Opinion on AI Provides Important Guidance though Many Questions Remain

The European Data Protection Board (“EDPB“) adopted an opinion on 7 October 2024, providing guidance for data controllers relying on processors (and sub-processors) under the GDPR. The two key themes are:

  1. supply chain mapping;
  2. verifying compliance with flow-down obligations.

For many financial institutions, the emphasis on these obligations should not come as a

Continue Reading EU: Engaging vendors in the financial sector: EDPB clarifications mean more mapping and management

The European Data Protection Board (“EDPB”) has adopted an Opinion (“EDPB Opinion”) on the validity of consent to process personal data for the purposes of behavioural advertising in the context of ‘consent or pay’ models deployed by large online platforms. The EDPB concludes that “in most cases”, the requirements of

Continue Reading Europe: EDPB issues Opinion on ‘consent or pay’ models deployed by large online platforms

The European Data Protection Board has published new guidelines (14 November 2023) on the scope of Article 5(3) of the e-Privacy Directive – i.e., the so-called ‘cookie rule’.  

These guidelines apply a maximalist interpretation to the cookie rule, meaning that a wide variety of technologies other than traditional cookies are, in the opinion of the

Continue Reading EU: New EDPB guidelines on the scope of the ‘cookie rule’