Background On 28 March 2023, the European Commissioner Didier Reynders announced the launch of the Cookie Pledge to encourage solutions from companies to address cookie fatigue and empower consumers to make effective choices regarding tracking-based advertising models. This has opened the floor to the discussion of potential avenues through which pop-ups on websites can be…
As artificial intelligence (“AI”) continues to evolve, the European Union Agency for Cybersecurity (“ENISA”) has recently published an overview report on AI cybersecurity and standards. ENISA states that: “The overall objective of the present document is to provide an overview of standards (existing, being drafted, under consideration and planned) related to the cybersecurity of artificial…
EU General Court has made an important decision for information used by those operating in online advertising and publishing. CJEU rulings are binding within the EU and no longer in the UK (though UK organisations may need to adhere to them, when the extraterritorial provisions of the EU’s GDPR apply). The issue related to the condition…
On 4 May 2023, the CJEU provided a preliminary ruling for Case C-487/21, in which the Austrian Court sought guidance on the scope of information accessible to data subjects under the right to access a copy of personal data, as provided for by Article 15(3) of the General Data Protection Regulation (“GDPR”). CJEU rulings are…
On 4 May 2023, the Court of Justice of the European Union (“CJEU”) delivered a preliminary ruling for the case UI v Österreichische Post AG (Case C-300/21). The CJEU addressed three important questions surrounding the interpretation of Article 82 of the General Data Protection Regulation (“GDPR”) on the right to compensation: Is an infringement of…
Unmanned Aircraft Systems (“UAS”), more commonly referred to as drones, are aerial vehicles that do not carry a human operator, but instead are remotely piloted. Most drones today currently use a spectrum designated for Wi-Fi or model aircraft, which do not require a Wireless Telegraphy Act 2006 (“WTA”) licence. However, as technology progresses rapidly, this…
On May 4th 2023, the French competition watchdog, l’Autorité de la concurrence, issued interim measures against Meta for discrimination in its ad verification criteria. The provisional decision followed an October 2022 complaint from Adloox, a company which provides ad verification services. The initial outlined abusive conditions for accessing Meta’s “viewability” and “brand safety” partnerships, which…
An article by Tim Cowen, chair of the Antitrust practice at Preiskel & Co, has been published in the International Institute of Communication’s March 2023 InterMedia issue. The article discusses the way in which authorities around the world have been addressing dominance within digital markets. The key areas of focus centred around the following items:…
On 28 March 2023, the European Data Protection Board (“EDPB”) adopted updated guidelines on the obligation for non-EU established controllers to notify supervisory authorities (“SA”) following a personal data breach. Article 4(12) of the General Data Protection Regulation (“GDPR”) stipulates that a personal data breach occurs when there is an “accidental or unlawful destruction, loss,…
Google has agreed to allow developers to offer alternative payment options in its app store after the CMA launched a probe into its control over Google Play in-app purchases. The investigation was launched in June 2022 following the CMA’s market study into ‘mobile ecosystems’. In its report, the CMA raised concerns that Google’s control over…
