Controversy abounds on the EDPB's Guidelines for Article 5(3) of the ePrivacy Directive
Update: 2024-11-07
Description
In today’s episode, we’re discussing the European Data Protection Board’s (EDPB) newly revised guidelines on the technical scope of Article 5(3) of the ePrivacy Directive. While nearly all EDPB members voted in favour—with just two abstentions—the guidelines are not without controversy. Designed to clarify the EDPB’s authority on this issue, the guidelines have faced criticism for lacking a solid justification of that authority and for falling short in addressing public consultation feedback. Our conversation will explore why some experts believe there could be grounds to challenge these guidelines and the importance of building a solid legal case if pursued. Stay tuned as we unpack the legal and regulatory implications!
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