Peter Craddock: ePrivacy exceptions, advertising, analytics, the limits of consent and server-side processing
Release Date: 11/10/2024
Masters of Privacy
Is it possible that a whole generation of consent-management solutions built for the EU-driven opt-in world are unsuitable for the opt-out scenario predominant in the US? How are DPOs and AI Governance professionals to deal with “shadow AI” and “shadow IT”? Daniel Barber is DataGrail’s CEO and co-founder. Prior to DataGrail Daniel led revenue teams at DocuSign, Datanyze (acquired by ZoomInfo), ToutApp (acquired by Marketo) and Responsys (acquired by Oracle). He also advises several high-growth startups. References: (Chrome Web Store) (Masters of Privacy, April 2025)
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Georgia Voudoulaki is Senior Legal Counsel at Bosch, certified Compliance Officer, and adjunct professor at the University of Applied Sciences in Ludwigsburg and the Cooperative State University of Baden-Württemberg in Germany. In addition to her legal and academic roles, Georgia regularly publishes articles in leading legal journals and magazines, contributing valuable insights to the evolving conversation around compliance, digital innovation, and responsible AI. References:
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Gam Dias is a seasoned technologist and entrepreneur with a rich background in software engineering, AI, and product innovation. As a consultant, he has helped write the data strategy for Fortune Global 500 companies, innovative startups, and ambitious non-profits. He has a degree in Computer Science from the University of Liverpool and an MBA from Warwick Business School. Gam has lived in London, Leeds, Salt Lake City, Santa Cruz, San Francisco, and he currently lives in and works from Madrid, Spain. Gam’s latest work, Agents Unleashed, distills years of experience into a compelling look at...
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What is the practical case for combining CMPs and DSAR automation under a single technical solution or software provider? What do DPOs and CPOs struggle the most with when implementing effective privacy programs? Which Privacy Tech features are overvalued or undervalued? Max Anderson is a seasoned product executive with a proven track record of bringing successful technology products to market in the consumer privacy, data management, and marketing space. Prior to Ketch, Max was the Director of Product Management at Krux. After joining Salesforce as part of the Krux acquisition, he ran data...
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Today we are taking a look at the difference between DPO and CPO roles in the US, the present and future impact of Privacy Tech in the management of privacy programs, the evolution of privacy regulation under the new US administration, and a potential Schrems III scenario. Andy Dale serves as General Counsel and Chief Privacy Officer at OpenAP and holds the position of Executive Board Member at The L Suite (TechGC). With extensive experience as an advisor to various companies, Andy previously worked as General Counsel and Chief Privacy Officer at Alyce, a company acquired by Sendoso in...
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Where is the UK data protection reform headed? How are we to deal with behavioural advertising in the context of sports betting and gambling? Will the UK stay clear of regulating or supervising AI à la EU? Tim Turner has worked on Data Protection, Freedom of Information (FOI) and Information Rights law since 2001. He started at the Information Commissioner’s Office as a Policy Manager on FOI issues. After that, he was a Data Protection & FOI Officer for two councils and then an Information Governance Manager for an NHS (National Health Service) organisation. He has been offering...
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Theodore Christakis is Professor of International and European Law at University Grenoble Alpes (France), Director of the Centre for International Security and European Law (CESICE), Director of Research for Europe with the Cross-Border Data Forum, Senior Fellow with the Future of Privacy Forum and a former Distinguished Visiting Fellow at the New York University Cybersecurity Centre. He is also Chair on the Legal and Regulatory Implications of Artificial Intelligence with the Multidisciplinary Institute on AI, and has been a member of the French National Digital Council, currently...
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It is time for a seasonal update at the intersection of Marketing, Data, Privacy and Technology. As usual, this Newsroom is divided into five blocks: ePrivacy & regulatory updates; MarTech & AdTech; AI, Competition and Digital Markets; PETs and Zero-Party Data; and Future of Media. TL;DL: The use of SDKs for data collection/sharing has been a common factor in various fines and lawsuits on both sides of the pond. The EDPB sparked an important debate on personal data-powered AI in the EU. Texas and California went after Allstate and Honda respectively. La Liga (ES), Netflix (NL), Meta...
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Daniel Solove has just published a new book, On Privacy and Technology. We went through a few key concepts from it, and also had a chance to revisit other core ideas in the author’s work. Professor Solove is the Eugene L. and Barbara A. Bernard Professor of Intellectual Property and Technology Law at the George Washington University Law School. One of the world’s leading experts in privacy law, Solove is the author of more than 10 books and 100 articles about privacy. He has also written a children’s fiction book about privacy. He is one of the most cited law professors in the law...
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What is the best way to address privacy risks in the context of connected cars? Is data minimization compatible with assisted driving? What is the meaning of “Core Vehicle Data”? Mark Jaffe leads the Rivian ethics, compliance and privacy program. This includes ethical culture, compliance oversight, privacy, and investigations. Prior to joining Rivian, Mark was Senior Vice President for Privacy at Teleperformance, a global business process outsourcer with over 400,000 employees operating in over 80 countries, spending almost two years in Singapore managing privacy issues in the Asia...
info_outlineThe EDPB has finally adopted its much feared Guidelines on the scope of article 5.3 of the ePrivacy Directive, but consent may still be avoided in some cases not specifically covered by an exemption (e.g., analytics). Absent such an exception, and in light of dismal consent rates, publishers and platforms have embraced highly controversial “Consent or Pay” models. Plan C? Server-side processing (Conversion APIs, Enhanced Conversions, Data Clean Rooms…), not without its own challenges.
We have gone through all of it with Peter Craddock in his second appearance on Masters of Privacy.
Peter Craddock is a lawyer as well as a software developer, and he uses this dual background to help clients find legal solutions to technical problems and technical solutions to legal problems. He is based in Brussels and helps international companies with their global data strategy and with EU data litigation. He notably has strong expertise in the legal aspects of digital advertising and adtech, and has been one of the most prominent commentators of recent legal developments in that area.
References:
- Peter Craddock on LinkedIn
- Op-Ed: A critical analysis of the EDPB's "Pay or Consent" Opinion (Peter Craddock)
- Peter Craddock: Comparison of the final version of the EDPB’s ePrivacy guidelines with the version of November 2023 (including links to more in-depth comments on those guidelines)
- EDPB Opinion 08/2024 on Valid Consent in the Context of Consent or Pay Models Implemented by Large Online Platforms
- AEPD guidelines for the use of cookies without need for consent in the context of digital analytics (ES)
- Peter Craddock on Masters of Privacy (February 2024): Could core advertising components fall under the “strictly necessary” exemption of the ePrivacy Directive?
- Romain Robert: Pay or OK in AdTech - How it started and where it’s going (Masters of Privacy)
- Renzo Marchini: Unintended consequences of the EDPB guidelines on storage and access under article 5.3 of the ePrivacy Directive (Masters of Privacy)
- Cristiana Santos and Victor Morel: The problem with CMPs and TCF-based cookie paywalls (Masters of Privacy)
- Robert Bateman: Consent or Pay (Masters of Privacy)
- Peter Hense: How first party data will kill CMPs (Masters of Privacy)