Module 4: Uncovering the gray areas of compliance in practice

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    Thursday 15th July 2021 at 10:00 CEST

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    Estimated duration: TBC

One-stop Shop - Recap and Procedural Explanation (25 minutes + 5 minutes Q&A)

  • How important is your relationship with the lead supervisory authority (One Stop Shop)?
  • Analysis of Ireland’s Data Protection Commissioner - the unofficial One Stop Shop for Big Tech;
    • DPC’s role in investigating big tech
    • The views of other European DPAs on the DPC
    • CNIL’s (repeated) efforts to circumvent the DPC

(10 minutes break)

What the DPAs can’t agree on/The battle lines drawn by DPAs from different jurisdictions (30 minutes + 10 minutes Q&A)

  • Informed and Specific
    • Showcasing different levels of prescriptiveness regarding the information requirements around consent;
  • What is unambiguous enough for DPAs?
    • Different interpretations and approaches: clicking of a button, or continued use of a site, or simply scrolling down past a banner?
  • How ‘free’ is ‘freely given consent’?
    • The ability to refuse and withdraw consent
    • Dark patterns in consent flows
    • “Consent walls” (a big topic of divergence);
    • Consent-or-pay walls? (Concept of detriment, NO DPA Grindr case may become very relevant in this sphere)

(10 minutes break)

How visible is Digital Advertising to the DPAs? (25 minutes + 5 minutes Q&A)

  • ICO’s focus on Ad Tech - investigation and cooperation;
  • The crusade against RTB by privacy activists and DPAs
  • DPA Cooperation with other regulators (competition), ACCC Report in Australia and global privacy trends
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