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On 18 June 2024, the Norwegian Data Protection Board ruled that the Norwegian Data Protection Authority (DPA) cannot impose daily fines on Meta for not complying with a ban on behavioral marketing on Facebook and Instagram. This decision challenges the DPA's authority under Norwegian law, which allows daily fines. The Board determined that such fines could only apply to Norwegian companies, not international ones. The ban on behavioral advertising remains, but the ruling raises concerns about enforcement disparities between domestic and international businesses.

The Norwegian Data Protection Authority cannot impose daily fines in cross-border cases

The European Data Protection Board published its final Guidelines on Article 37 of the Law Enforcement Directive (LED). These guidelines establish standards for appropriate safeguards in data transfers by competent authorities, focusing on legally binding instruments with third countries. Key points include selecting transfer mechanisms, evaluating transfer risks to data subjects, and maintaining enhanced accountability. The guidelines emphasize legal certainty and the necessity of ensuring equivalent data protection levels when personal data is transferred outside the EU.

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EDPB Opinion on Consent or Pay – A Quick Summary

The European Data Protection Board has examined the legality of ‘consent or pay’ models, where users are presented with a choice between consenting to the processing of their personal data for behavioral advertising purposes or paying a fee. In the opinion published on 17 April 2024 the EDPB has concluded that such models can be used lawfully only with significant changes to the current practice. Here’s why they say this and what they think is the way to go.

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