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Auction of Personal Data: Clarification of the Concepts of Personal Data and Data Controller

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On 7 March 2024, the Court of Justice of the European Union issued a ruling (C-604/22 | IAB Europe) clarifying the concepts of personal data and controller in the context of the use of a Transparency and Consent Framework...more

K&L Gates LLP

GDPR, Cookies, and the Ever-Filling Jar of European Data Protection

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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

ArentFox Schiff

CNIL Guidelines on Cookies and Other Trackers

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The Commission nationale de l'informatique et des libertés (CNIL) is the national data protection authority in France. Recently, it announced new guidance on cookies and online trackers (Guidelines). Operators of...more

BCLP

GDPR Privacy FAQs: Do cookie banners that disclose the use of analytics or behavioral advertising cookies, and state that...

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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

BCLP

GDPR Privacy FAQs: Do European privacy laws require a cookie banner when a company uses first-party session cookies?

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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

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