On April 17, 2024, the European Data Protection Board (EDPB) published the Opinion 08/2024 on Valid Consent in the Context of Consent or Pay Models Implemented by Large Online Platforms. The supervisory authorities of some EU Member States asked the EDPB to issue this opinion in order to obtain clarity on the circumstances in which consent or pay models for behavioral advertising can be used by large online platforms on the basis of valid consent or under which circumstances valid consent can be given in such cases. According to the supervisory authorities, there is no uniform answer to this question. However, the clarification is particularly relevant for the general application of the principles on the concept of consent. Dr. Carlo Piltz and Alexander Weiss, from Piltz Legal, unpack the opinion, looking specifically at the opinion's implications on both platforms and European legal frameworks.

Cookies and other tracking technologies are widely used by websites and online services to collect and process personal data of users, such as their preferences, behavior, location, and device information. This data can enable various purposes, such as personalization, analytics, advertising, and security. However, these practices also raise significant privacy and data protection challenges, as users may not be fully aware of or consent to the extent and nature of the data collection and processing and may face difficulties in exercising their rights and choices.

To address these challenges, the EU has adopted two main legal frameworks that regulate the use of cookies and other tracking technologies: the General Data Protection Regulation (GDPR) and the Directive on Privacy and Electronic Communications (the ePrivacy Directive). In this Insight article, Pedro Marques Gaspar, Manager (Digital Regulation) at PwC Spain, discusses the legal framework and best practices for the use of cookies in a privacy-friendly and compliant way.

In today's rapidly evolving digital landscape, the EU stands at the forefront of introducing comprehensive digital and data-related legislation. The EU's intentions are to balance the interests of the data economy, promote fair competition, and protect the rights of individuals. In this article, Theresa Ehlen, Philipp Roos, and John-Markus Maddaloni, from Freshfields Bruckhaus Deringer, delve into the practical implementation of the EU rules for the data and digital landscape.