[{"source":"FTC USA Business Blog Posts","url":"https://www.ftc.gov/business-guidance/blog/2014/04/keep-fcra-foreground-when-subject-background-screening","titre":"Keep FCRA in the foreground when the subject is background screening","pubDate":"Mon, 05 Oct 2026 14:07:46 +0200","id":3198181,"description":"Keep FCRA in the foreground when the subject is background screening chundycz April 9, 2014 | 12:13AM Keep FCRA in the foreground when the subject is background screening By Lesley Fair When the talk turns to Big Data, part of the conversation is about all the public information available about people's lives – and how companies market it to prospective employers, landlords, etc.  Two cases just announced by the FTC  serve as a cautionary reminder to members of the industry that what they do may be subject to the long-standing consumer protections of the  Fair Credit Reporting Act (FCRA) .  InfoTrack, an Illinois company, and San Diego-based Instant Checkmate will be paying civil penalties to settle FTC lawsuits that they violated the FCRA.  Is it time for an FCRA refresher at your business? Instant Checkmate marketed its reports as a way for prospective employers and landlords to investigate applicants.  For example, the company advertised that one of the “GOOD REASONS to get instant criminal checks on anyone right now” was to “check out tenants before they rent.”  It also used a Google Ad Words campaign to make sure its site appeared when people searched for background checks on nannies, babysitters, maids, and housekeepers.  What kind of information would buyers get?  Current and previous addresses, birth certificates, arrest histories, and marriage and divorce records, to name just a few examples. InfoTrack offered similar services to employers nationwide, including background screening reports with people’s driving records, education and employment information, criminal histories, and even records from sex offender registries. How does the FCRA come in?  The law defines a “consumer report” as a “communication of any information” by a consumer reporting agency (CRA) that bears on a person’s “credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living” which is used (or expected to be used) as a factor in establishing their eligibility for credit, insurance, employment, or other reasons outlined in the law. According to the FTC, what Instant Checkmate and InfoTrack were doing triggered the FCRA.  For example, companies covered by the law must follow procedures to assure their reports are as accurate as possible, must take steps to see that those using their reports have permissible purposes for accessing them, and must provide required User Notices explaining key protections for consumers.  The law imposes special requirements when CRAs provide reports containing public record information that could have an adverse effect on a person’s ability to get a job.  In that case, the CRA must either: 1) notify the consumer that it’s reporting the information in the public record; or 2) maintain “strict procedures” – that’s the language in the law – designed to ensure the reported public information is complete and up to date. You’ll want to read the complaints for specifics of where the FTC says the companies fell short, but one example cited in the lawsuit against InfoTrack offers an object lesson on why FCRA protections are so important to consumers – and how the consequences can be devastating when companies don’t live up to the law.  According to the FTC, the reports InfoTrack provided to prospective employers included information about whether a job applicant was on the National Sex Offender Registry.  The employer would provide the first and last name and the date of birth to help InfoTrack with its search.  The problem was that before the fall of 2011, no date of birth was available for many names on the Registry.  If InfoTrack’s search found more than one person with the same first and last name, it reported a “possible match” to employers and gave them reports that included several different people with the"},{"description":"Practice Fusion case suggests 6 health privacy pointers lfair June 8, 2016 | 9:01AM Practice Fusion case suggests 6 health privacy pointers By Lesley Fair Combine two of the most talked-about consumer protection topics – health privacy and consumer-generated online content – and what do you get? A proposed FTC settlement with Practice Fusion, the largest cloud-based electronic health records company in the country, and six compliance tips for others in the industry. One of San Francisco-based Practice Fusion’s primary products is an electronic records system for outpatient providers. In 2009, the company launched “Patient Fusion,” an online portal where patients whose providers were already using Practice Fusion could view or download their health information or transmit it to another provider. Patient Fusion also let patients send and receive secure messages from their providers. Fast forward several years and the company decided to expand Patient Fusion to include a public directory where current and prospective enrollees could search for doctors geographically or by specialty, read patient reviews of providers, and request appointments. But Practice Fusion had to ask itself a question familiar to many online companies: How do we get the content – in this case, patient reviews? That’s the focus of the FTC’s lawsuit. According to the complaint , Practice Fusion solicited data in a misleading way that led some patients to believe they were sending follow-up messages directly to their doctors about their diagnosis, medical treatment, prescriptions, etc. – and not contributing content to a public website. Practice Fusion, however, populated its new site with the information those people provided, some of which was highly sensitive. Here’s what happened. After appointments with their doctors, patients received emails titled “How was your visit?” The message continued, “To help improve your service in the future, please let us know how your visit went” and included a link with rating stars. The message ended this way: Thank you, Dr. [Name] In a footer, the message said “This email was sent to you by Patient Fusion®, a tool Doctor [Name] uses to deliver the highest quality of care to patients.” Below that in smaller print it said “Sent on behalf of Doctor [Name]’s office by: Practice Fusion.” If patients clicked the link, they were taken to a page that asked for feedback about things like how long they had to wait for their appointment, the doctor’s bedside manner, and whether their medical concern was addressed. There also was a text box where patients were invited to “leave a review for your provider.” Below that was a pre-checked box with the phrase “Keep this review anonymous.” What did some people put in that box? Highly sensitive information directly addressed to their doctors, not evaluations meant to be shared publicly. Here are just a few examples: “Dr [name], My Xanax prescription that I received on Monday was for 1 tablet a day but usually it’s for 2 tablets a day. I have not taken it to the pharmacy yet. Can I pick up a new one, or can I get a prescription called into a pharmacy? Thanks, [patient’s full name] “I called today and left a message regarding my daughter and no one has returned my call. I think she is depressed and has stated several times this week that she wishes she was dead. Could someone please call me [phone number]?” “The cefuroxime axetil does not seem to be doing anything for me. I did a little research and I think I have a yeast infection called candida. Not sure what to do about it yet. I guess I will first try to change my diet. Medication? [patient’s full name] “I would like to make an appointment for my back pain and possible shingles. Can you please call me @ [phone number]? Thank you! [patient's full name]” “I HAVE NO INFECTION [healthcare provider name].  EVERYTHING WENT","pubDate":"Sat, 03 Oct 2026 08:09:37 +0200","id":3194910,"titre":"Practice Fusion case suggests 6 health privacy pointers","url":"https://www.ftc.gov/business-guidance/blog/2016/06/practice-fusion-case-suggests-6-health-privacy-pointers","source":"FTC USA Business Blog Posts"},{"source":"FTC USA Business Blog Posts","url":"https://www.ftc.gov/business-guidance/blog/2020/03/ftc-takes-unproven-health-claims-own-dorsements","titre":"FTC takes on unproven health claims and “own-dorsements”","id":3187485,"pubDate":"Wed, 30 Sep 2026 14:10:25 +0200","description":"FTC takes on unproven health claims and “own-dorsements” lfair March 19, 2020 | 4:38PM FTC takes on unproven health claims and “own-dorsements” By Lesley Fair It’s a disturbing trend. Companies are targeting older consumers, claiming to have easy answers for serious diseases for which there may not be a proven cure. That’s one allegation in the FTC’s action against Nevada-based telemarketer Health Center, Inc.   Another count challenges what we call “own-dorsements.” According to Health Center’s telemarketing scripts, websites, social media, and testimonials from supposedly satisfied customers, the company’s Rejuvi-Cell oral spray and Rejuvi-Sea and Rejuvi-Stem pills could treat a broad range of medical conditions: everything from cancer, Alzheimer’s disease, and Parkinson’s disease to hepatitis, heart attacks, and high cholesterol. In promoting the products, which sold in packages priced between $350 and $800, the company checked the buzzword boxes with science-y sounding terms like homeopathic , adult stem cell enhancement , and marine phytoplankton . The company claimed that diseases like diabetes, rheumatoid arthritis, and dementia “could be greatly reduced if not eliminated” through the use of its products. According to the complaint , Health Center’s telemarketers – who were instructed to follow the scripts word-for-word – told consumers the main ingredient of Rejuvi-Sea “alkalizes your body . . . so you can’t grow cancer cells.” Then there were heartfelt testimonials from purported customers who described themselves as “walking on air” and “amazed and redeemed,” thanks to the products. But the FTC says the company hasn’t conducted any studies demonstrating the products cure or treat any diseases or health conditions and there are no human clinical studies in the scientific literature to that effect. What’s more, the lawsuit alleges that some of those glowing endorsements that appeared to come from satisfied customers across the country were actually “own-dorsements” – testimonials from Health Center’s own employees. To settle the case , the defendants have agreed to injunctive provisions, including a requirement that a broad range of health claims must have the support of randomized, double-blind, and placebo-controlled human clinical testing. Almost all of the $8.6 million judgment will be suspended, based on their financial condition. Aside from the obvious points that the FTC continues to take a close look at cures targeting older consumers and that companies shouldn’t palm off endorsements from employees as independent opinions, the case illustrates two other important principles. First, the defendants’ unlawful practices were the subject of an earlier enforcement action by the Iowa Attorney General. Companies shouldn’t have to be told once of the need to substantiate their health claims – and they certainly shouldn’t have to be told twice. Second, the complaint includes a count for violating the Telemarketing Sales Rule , which prohibits misrepresentations about “any material aspect of the performance, efficacy, nature, or central characteristics of goods or services that are the subject of a sales offer.” That’s yet another reason to keep your telemarketing efforts above board ."},{"source":"Federal Trade Commission - Protecting America's Consumers","url":"https://www.ftc.gov/news-events/news/press-releases/2026/08/ftc-finalizes-orders-cox-media-group-two-other-firms-settling-charges-they-deceived-customers-about","titre":"FTC Finalizes Orders with Cox Media Group, Two Other Firms Settling Charges They Deceived Customers About “Active Listening” AI-Powered Marketing Service","pubDate":"Fri, 28 Aug 2026 08:07:59 +0200","id":3120376,"description":"The Federal Trade Commission finalized orders requiring Cox Media Group (CMG) and two other firms to pay a total of $930,000 to settle allegations they deceived customers by falsely claiming to offer an AI-powered service that could target localized ads based on conversations captured from consumers’ smart devices and that consumers had opted into such targeting. In three separate complaints first announced in May , the FTC alleged that Georgia-based media and marketing company CMG Media Corporation, which does business as  Cox Media Group , and two marketing firms it worked with, New Hampshire-based MindSift LLC  and Wisconsin-based  1010 Digital Works LLC ,  deceived customers by claiming they used a special algorithm to listen in on and detect pertinent conversations from smart devices in order to target ads to consumers within a specific geographic region. Contrary to these companies’ claims, however, the marketing service wasn’t based on voice data, and consumers hadn’t opted into this service. If the service had functioned as advertised, this collection and use of consumers’ voice data without adequate consent would itself violate the FTC Act. Under the proposed orders settling the FTC’s allegations,  CMG must pay $880,000 while both  MindSift and  1010 Digital Works  must each pay $25,000, which will be used to provide redress to CMG customers impacted by these practices. In addition, each defendant is prohibited from making any misrepresentation about the qualities or features of its advertising or marketing services; the collection and use of voice data and whether consumers have provided their consent to collect, use or disclose their voice data; and the geographic targeting capabilities of its advertising or marketing services. After receiving two comments on the proposed settlement orders, the Commission voted 2-0 to give final approval to the consent"},{"source":"BEREC Office","url":"https://www.berec.europa.eu/en/news/press-releases/berec-presents-its-assessment-of-the-digital-networks-act-proposal","description":"BEREC presents its assessment of the Digital Networks Act proposal yannick.stephan Wed, 10/06/2026 - 18:07 Press Releases Europe’s electronic communications framework is entering a pivotal phase of reform, with the proposed Digital Networks Act (DNA ) set to update the regulatory framework for connectivity across the EU. At the BEREC public debriefing on 10 June, the BEREC Chair, Marko Mismas (AKOS, Slovenia), and the Working Group Co-Chairs presented BEREC’s assessment of the DNA proposal, outlining key regulatory considerations that emerged from its analysis. BEREC welcomes the ambition of modernising the EU connectivity framework and supporting resilient, sustainable and high-quality digital networks. At the same time, the assessment highlights areas where further refinement may be needed to ensure that the future framework strengthens rather than adds unnecessary complexity to the internal market for electronic communications. BEREC has developed thematic papers examining key elements of the proposal in greater depth, supporting evidence-based input to the co-legislators. To further contribute to the policy debate, BEREC will publish three additional thematic papers by the end of June. BEREC remains committed to providing its technical and regulatory expertise to help shape a competitive, innovative and future-proof digital Europe. 5G slicing guidance BEREC experts look forward to receiving stakeholders’ input to the public consultation on the draft further guidance on 5G network slicing by 6 August 2026. The draft guidance aims to provide greater regulatory certainty for market players and support innovation in 5G services, while safeguarding open internet principles. Building on the existing Open Internet framework, the guidance will assist providers in assessing whether network slicing-based services comply with the Regulation, including in relation to internet access and specialised services. Reflecting the principle of technological neutrality, the approach is intended to remain relevant beyond 5G and to apply to other technologies that use comparable quality-of-service mechanisms. Call for inputs on roaming BEREC has issued a call for inputs regarding its work on roaming. This call aims to support the preparation of BEREC’s Opinion for the European Commission on the upcoming review of the EU Roaming Regulation and the Implementing Regulation on Fair Use Policy and Sustainability, which is scheduled for submission by the first quarter of 2027. Building on its 2025 Opinion, BEREC invites stakeholders to provide new information, evidence, and perspectives by 21 August 2026. In addition, following the consultation on possible amendments to the BEREC Roaming Benchmark Data Collection procedure, BEREC decided to maintain the current quarterly data collection approach. However, the expansion of the Roam-Like-at-Home regime to Ukraine and Moldova on 1 January 2026, together with the simplification proposals in BEREC’s 2025 Opinion on the Roaming Regulation, requires an update of the roaming data collection template. BEREC therefore launched a call for input on the revised template and invites operators to submit their comments by 3 July 2026. Emergency communications resilience Ensuring uninterrupted access to emergency services for end users remains a critical priority as 2G and 3G mobile networks are progressively phased out across Europe. During its latest plenary meeting, the Heads of the European regulators for electronic communications discussed and adopted a BEREC statement addressing concerns that some devices may fail to connect to emergency communications services, including 112, once legacy networks are switched off. The statement aims to raise awareness of the issue and calls for closer cooperation across the entire communications ecosystem. BEREC underlines the need for further investigation, improved detection of potential failures, and greater transparency among stakeholders to help safeguard the reliability of emergency communications throughout the technological","titre":"BEREC presents its assessment of the Digital Networks Act proposal","id":2947754,"pubDate":"Thu, 11 Jun 2026 10:23:49 +0200"},{"pubDate":"Mon, 30 Mar 2026 19:32:59 +0200","id":2792998,"titre":"Public consultation on the draft BEREC Report on Virtual Worlds and Web 4.0","description":"Public consultation on the draft BEREC Report on Virtual Worlds and Web 4.0 yannick.stephan Tue, 17/03/2026 - 09:26 Breadcrumbs Public Consultations & Calls for Inputs Deadline: Monday, 20 April 2026 (17:00 CEST) During the 66th BEREC plenary meeting (12-13 March 2026), the Board of Regulators approved the Draft BEREC Report on Virtual Worlds and Web 4.0 (BoR (26) 39) for public consultation. The report in a nutshell Virtual worlds (VW) and web 4.0 are at the basis of a transition to the 4th generation of internet based services, leading toward industry 4.0 and smart society. This shift is driven by artificial intelligence (AI) integration in networks and services. Hence, web 4.0 and immersive services are meant to have a significant economic and social impact by transforming the way in which industrial production evolves and automates its processes. At the same time, they transform the fruition of online content and applications by users. This draft BEREC Report provides a fully-fledged analysis. The first part of the draft Report dives into the connectivity developments as well as the transition to network-as-a-service (NaaS). It also provides examples of use cases cutting across industrial and societal applications. The second part deals with challenges posed to electronic communications networks/services (ECN/S) operators related either to the investment lines or to business models and market positioning. In such a scenario, focus is dedicated also to regulatory challenges, for instance the need to guarantee openness and interoperability and to foster investment. The Report builds on previous BEREC work, including the high-level position on artificial intelligence and virtual worlds provided as a contribution to the call for inputs on competition in generative AI and VW issued in 2024 by the European Commission (EC). The report is framed in the following 5 chapters and Conclusion: Introduction Chapter by providing a definition for VW, based on its key characteristics; Chapter 2 provides some concrete examples of use cases; Chapter 3 describes the connectivity challenges faced to enable VW and the network upgrades; Chapter 4 assesses the potential role of electronic communication providers in the provision of VW/Web 4.0 services, as well as any possible future profit streams and incentives; Chapter 5 examines the potential electronic communications regulatory challenges that may arise. Submit your contributions Interested parties are kindly asked to send their contributions via email to berec_virtualworld_pc@distro.berec.europa.eu no later than 20 April 2026 (17:00 CEST). Contributions should preferably be sent in English. To facilitate processing of the responses, the comments provided should clearly refer to the certain chapters/paragraphs of the document. After submitting the contribution, you will receive an acknowledgement email. In case you do not receive it, please contact the BEREC Office via the same email. All stakeholders are strongly encouraged to submit their contributions as early as possible – those received after the above-mentioned deadline will not be taken into account. In accordance with the BEREC policy on public consultations , BEREC will publish all contributions and a summary of the contributions, respecting confidentiality requests. Any such request should clearly indicate information that is considered confidential and should be accompanied by a non-confidential version. Privacy statement type Privacy Statement for Public Consultation Category Name Ongoing Public Consultations and Calls for Inputs Notify subscribers","url":"https://www.berec.europa.eu/en/public-consultations-calls-for-inputs/public-consultation-on-the-draft-berec-report-on-virtual-worlds-and-web-40","source":"BEREC Office"},{"description":"Brussels, 18 February - The European Data Protection Board (EDPB) has adopted a  report on its Coordinated Enforcement Framework (CEF) action on the right to be forgotten (Art.17 GDPR) .  The  Board selected this topic  as it is one of the most frequently exercised GDPR rights and one about which DPAs frequently receive complaints from individuals. The main objectives of this coordinated action are to ensure that the right to erasure is effectively exercised by individuals in Europe and understand how controllers comply with this right in practice. In addition, the EDPB identified good practices and the most important related challenges, with the aim of providing further guidance on this topic.  Throughout 2025, 32 DPAs across Europe took part in this initiative. More specifically, 9 DPAs have initiated new formal investigations or have continued ongoing ones, and 23 DPAs carried out a fact-finding exercise. A total of 764 controllers across Europe responded to the action, ranging from small and medium-sized enterprises (SMEs) to big companies active in many different industries and fields, as well as various types of public entities. The results of these national actions have been aggregated and analysed together allowing for targeted follow-up on both national and EU level.   Areas of improvement and main challenges The report lists the issues that were identified, along with a series of recommendations addressed to controllers, to help them implement the right to erasure. Seven recurring main challenges were identified by DPAs. The results confirmed some of the findings of the 2024 coordinated action on the right of access , for example when it comes to the lack of appropriate internal procedures to handle requests, or the lack of sufficient information provided to individuals. In addition, participating DPAs reported specific findings related to the reliance by some controllers on inefficient anonymisation techniques to handle erasure requests as an alternative to deletion. DPAs also noted inconsistent practices, and the difficulties faced by controllers regarding the determination of retention periods and the deletion of personal data in the context of back-ups. In addition, as the right to erasure is not an absolute right, some controllers face difficulties in assessing and applying the conditions for the exercise of this right, including in carrying out the different balancing tests between the right to erasure and other rights and freedoms.   Follow-up to help organisations comply  Extensive guidance, documents and templates exist at national level to help controllers comply with the right of erasure and help individuals exercise this right. In line with the Helsinki Statement’s objectives of making GDPR compliance easier and ensuring consistent interpretation and enforcement across Europe, the extensive guidance and templates already available at national level will be leveraged at EDPB level where appropriate.   Background and next steps The CEF is a key action of the EDPB under its 2024-2027 Strategy , aimed at streamlining enforcement and cooperation among DPAs.  In 2023, the EDPB published the report on its first coordinated action on the  use of cloud-based services by the public sector . In 2024, the EDPB also published the report on the outcome of the second coordinated action on the  designation and position of Data Protection Officers . In 2025, the EDPB issued the report on its third coordination action on the  implementation of the right of access . The CEF 2026 action will be on the  obligations of transparency and information under the GDPR .   For further information: DA DPA:   EDPB vedtager rapport om dataansvarliges overholdelse af retten til sletning EL DPA: Ολοκλήρωση της συντονισμένης δράσης του","titre":"EDPB identifies challenges hindering the full implementation of the right to erasure","id":2703238,"pubDate":"Wed, 18 Feb 2026 15:27:14 +0100","source":"EDPB News","url":"https://www.edpb.europa.eu/news/news/2026/edpb-identifies-challenges-hindering-full-implementation-right-erasure_en"},{"source":"Federal Trade Commission - Protecting America's Consumers","url":"https://www.ftc.gov/news-events/news/press-releases/2025/12/ftc-will-require-illusory-systems-return-money-stolen-hackers-implement-information-security-program","description":"The Federal Trade Commission is taking action against Illusory Systems Inc. for failing to implement adequate data security measures, leading to a major security breach in which hackers stole $186 million from consumers. Under a proposed order settling the FTC’s allegations, Utah-based Illusory, which does business as Nomad, will be required to implement an information security program to address numerous alleged security failures and to return recovered money to affected consumers. “The FTC Act requires companies to take reasonable security measures,” said Christopher Mufarrige, Director of the FTC’s Bureau of Consumer Protection. “It’s important that companies live up to their security promises to consumers.” In its complaint , the FTC alleged that Nomad prominently touted its security in its advertising, claiming that it offered “security-first” services. The FTC, however, alleged that the company failed to live up to these promises by failing to: use secure coding practices; implement processes for receiving and addressing vulnerability reports and responding to security incidents; and utilize widely known technologies that might have helped mitigate consumer losses. According to the complaint, in June 2022, Nomad introduced inadequately tested code that included a significant vulnerability. Just over a month later, hackers began exploiting the vulnerability. The FTC alleged that Nomad failed to respond to the attack in time because of its inadequate security and incident response measures, which led to the loss of $186 million. The company was able to recover some money, but consumers lost approximately $100 million. Nomad was warned about the dangers of inadequate testing as well as the need to ensure it had adequate staff and security in place. The company, however, failed to implement basic safety measures that would mitigate consumer losses, the FTC alleged. Under the proposed order , Nomad will be prohibited from making misrepresentations about its security practices. In addition, the company will also be required to: Implement a comprehensive information security program that is designed to protect consumers from theft or other unauthorized access and address the security issues outlined in the FTC’s complaint; Obtain biennial assessments of its information security program by an independent third party and cooperate with the third-party assessor; and Return to consumers money recovered following the security breach that was not already returned to customers. The Commission voted 2-0 to accept the proposed complaint and order for public comment. The FTC will publish a description of the consent agreement package in the Federal Register soon. The agreement will be subject to public comment for 30 days after publication in the Federal Register after which the Commission will decide whether to make the proposed consent order final. Instructions for filing comments will appear in the published notice. Once processed, comments will be posted on Regulations.gov. NOTE:  The Commission issues an administrative complaint when it has “reason to believe” that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. When the Commission issues a consent order on a final basis, it carries the force of law with respect to future actions. Each violation of such an order may result in a civil penalty of up to $51,744. The lead staff attorneys on this matter are M. Hasan Aijaz and Julia Horwitz with the FTC’s Bureau of Consumer","titre":"FTC Will Require Illusory Systems to Return Money Stolen by Hackers and Implement an Information Security Program","id":2577895,"pubDate":"Wed, 17 Dec 2025 09:50:37 +0100"},{"source":"EDPB News","url":"https://www.edpb.europa.eu/news/news/2025/interplay-between-dsa-and-gdpr-edpb-adopts-guidelines_en","description":"Brussels, 12 September - During its September plenary meeting, the European Data Protection Board (EDPB) has adopted guidelines on the interplay between the Digital Services Act (DSA) and the General Data Protection Regulation (GDPR) . These are the first set of EDPB guidelines on the interplay between the GDPR and the EU’s recently adopted digital laws. The DSA aims to complement the rules of the GDPR to ensure the highest level of protection of fundamental rights in the digital space. Its main goal is to create a safer online environment in which the fundamental rights of all users, including the right to freedom of expression, are protected. It applies to online intermediary services , such as search engines and platforms. Several provisions included in the DSA entail the processing of personal data by intermediary service providers. The EDPB guidelines contribute to the consistent application of the DSA and of the GDPR, insofar as some provisions of the DSA concern the processing of personal data by intermediary service providers and include references to GDPR concepts and definitions. While it is up to the competent authorities under the DSA - with the support of the European Board for Digital Services and EU courts - to interpret the DSA, there are a number of provisions which relate to the GDPR. These include: notice-and-action systems that help individuals or entities report illegal content recommender systems used by online platforms to automatically present specific content to the users of the platform with a certain relative order or prominence the provisions to ensure a high level of privacy, safety, and security of minors and prohibiting that profile-based advertising using their data is presented to them transparency of advertising by online platforms prohibition of profiling-based advertising using special categories of data  The EDPB guidelines help to understand how the GDPR should be applied in the context of DSA obligations. The EDPB also provides practical guidance relating to the cross-regulatory cooperation between authorities to coordinate enforcement which will provide more legal certainty for intermediary service providers and ultimately to protect the rights and freedoms of individuals. The guidelines will be subject to public consultation, providing stakeholders with the opportunity to comment and provide feedback. EDPB Chair Anu Talus said: “By clarifying the interplay between the DSA and the GDPR, these guidelines mark a significant step towards ensuring a coherent and effective EU digital rulebook, and they will help uphold the fundamental rights and freedoms of individuals. I hope that stakeholders, including the competent authorities under the DSA, will make the most of the opportunity to contribute to the public consultation\". More work in the pipeline Following these first guidelines on the interplay between the GDPR and the DSA, further work is underway with other regulators to clarify the new cross-regulatory landscape and maintain coherent and consistent safeguards for the protection of personal data. In this regard, the EDPB is working on joint guidelines with the European Commission on the interplay between the Digital Markets Act (DMA) and the GDPR, as well as on joint guidelines on the interplay between the AI Act and EU data protection laws.","titre":"Interplay between the DSA and the GDPR: EDPB adopts guidelines","id":2368407,"pubDate":"Fri, 12 Sep 2025 15:51:31 +0200"},{"source":"Federal Trade Commission Concurrence communiqués","url":"https://www.ftc.gov/news-events/news/press-releases/2025/01/ftc-surveillance-pricing-study-indicates-wide-range-personal-data-used-set-individualized-consumer","description":"The Federal Trade Commission’s initial findings from its surveillance pricing market study revealed that details like a person’s precise location or browser history can be frequently used to target individual consumers with different prices for the same goods and services. The staff perspective is based on an examination of documents obtained by FTC staff’s 6(b) orders sent to  several companies in July aiming to better understand the shadowy market that third-party intermediaries use to set individualized prices for products and services based on consumers’ characteristics and behaviors, like location, demographics, browsing patterns and shopping history. Staff found that consumer behaviors ranging from mouse movements on a webpage to the type of products that consumers leave unpurchased in an online shopping cart can be tracked and used by retailers to tailor consumer pricing. “Initial staff findings show that retailers frequently use people’s personal information to set targeted, tailored prices for goods and services—from a person's location and demographics, down to their mouse movements on a webpage,” said FTC Chair Lina M. Khan. “The FTC should continue to investigate surveillance pricing practices because Americans deserve to know how their private data is being used to set the prices they pay and whether firms are charging different people different prices for the same good or service.” The FTC’s study of the 6(b) documents is still ongoing. The staff perspective is based on an initial analysis of documents provided by Mastercard, Accenture, PROS, Bloomreach, Revionics and McKinsey & Co. Image The FTC’s 6(b) study focuses on intermediary firms, which are the middlemen hired by retailers that can algorithmically tweak and target their prices. Instead of a price or promotion being a static feature of a product, the same product could have a different price or promotion based on a variety of inputs—including consumer-related data and their behaviors and preferences, the location, time, and channels by which a consumer buys the product, according to the perspective. The agency will only release information obtained from a 6(b) study as long as all data has been aggregated or anonymized to protect confidential trade secrets from company respondents, and therefore the staff perspective only includes hypothetical examples of surveillance pricing.  The staff perspective found that some 6(b) respondents can determine individualized and different pricing and discounts based on granular consumer data, like a cosmetics company targeting promotions to specific skin types and skin tones. The perspective also found that the intermediaries the FTC examined can show higher priced products based on consumers’ search and purchase activity. As one hypothetical outlined, a consumer who is profiled as a new parent may intentionally be shown higher priced baby thermometers on the first page of their search results. The FTC staff found that the intermediaries worked with at least 250 clients that sell goods or services ranging from grocery stores to apparel retailers. The FTC found that widespread adoption of this practice may fundamentally upend how consumers buy products and how companies compete. As the FTC continues its work in this area, it is issuing a request for information   today seeking public comment on consumers’ experiences with surveillance pricing. The RFI also asks for comments from businesses about whether surveillance pricing tools can lead to competitors gaining an unfair advantage, and whether gig workers or employees have been impacted by the use of surveillance pricing to determine their compensation. Comments are due by April 17. The Commission voted 3-2 to allow staff to issue the report. Commissioners Andrew Ferguson and Melissa Holyoak issued a dissenting statement related to the release of the initial research summaries. The FTC has additional resources on the interim","titre":"FTC Surveillance Pricing Study Indicates Wide Range of Personal Data Used to Set Individualized Consumer Prices","id":2044739,"pubDate":"Thu, 10 Apr 2025 09:51:48 +0200"}]