23 May 2023
A New European Enforcer?
As a key piece of the European Commission’s digital agenda, the Digital Services Act (DSA) is drawing a lot of attention from civil society, industry, and regulators. One particularly interesting development in that regard is the Commission’s current transformation from being the institution leading the DSA’s negotiations to the one enforcing it. This article explores the challenges faced by the Commission in this transformation. Continue reading >>
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01 November 2021
Why are you on Facebook?
In a recent draft decision of the Irish Data Protection Commissioner to other European Data Protection Authorities, the Irish Commissioner addressed whether or not Facebook could rely on the contractual legal basis for certain purposes of its personal data processing, including for behavioral advertising. According to the Commissioner, “a reasonable user would be well-informed […] that [personalized advertising] is the very nature of the service being offered by Facebook and contained within the contract”. Based on this interpretation, it appears that Facebook’s users are on the social network not to connect with their friends and family but rather to receive personalized advertising. Continue reading >>
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03 September 2021
Enforcement of the DSA and the DMA
In trying to overcome the cross-border enforcement’s pitfalls of the GDPR, the Commission’s proposals for a Digital Services Act and Digital Markets Act are largely expanding the Commission’s enforcement powers. Unfortunately, what is touted as a solution for cross-border enforcement issues, might lead to new difficulties and challenges due to the risks of the centralization of power with the Commission. Continue reading >>
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