Informed consent: The breakthrough in Art. 88b GDPR / Digital Omnibus and current initiatives in the field of PIMS and technical standardisation

  • Panel
  • Class Room
  • Thursday 21.05 — 11:50 - 13:05

Organising Institution

Stiftung Datenschutz

Germany

The Stiftung Datenschutz (Foundation for Data Protection) was established by the German Federal Government in 2013. The non-profit incorporated foundation is based in Leipzig, Saxony. The NPO offers a neutral forum for debates around effective and efficient data policy and develops recommendations for privacy politics. Acting independently in the field of data privacy, Stiftung Datenschutz links politics and the public, academics and business. It complements existing organizations and initiatives while liaising closely with German data protection authorities on state and federal levels.
  • Academic 2
  • Business 2
  • Policy 2
Informed consent is largely fictional in practice. Consumers are asked for consent at inconvenient moments and with exhausting frequency. To address ineffective consent, the EU legislator proposes the introduction of consent agents in Article 88b of the Digital Omnibus draft, requiring service providers to accept their signals. These agents would give consumers centralised, upfront information about consent purposes and allow them to set preferences once, which are then transmitted automatically to services. This would eliminate the need to repeatedly respond to individual consent requests. However, consent agents raise significant questions, particularly regarding the technical and visual design of agent-based consent processes. Such processes must enable truly informed and legally secure decisions and be governed by standards that are technology-neutral, future-proof, and constantly improvable. The panel will discuss current legislative and standardisation efforts and provide an overview of existing solutions.

Questions to be answered

  1. What does the EC’s current draft of Art. 88b GDPR / Digital Omnibus say – and how could or should it be improved?
  2. Which current consent agent solutions exist? What are the promises and pitfalls of these and future solutions?
  3. How could (empirical) research make sure that legislation and its application meets the regulatory goals?
  4. How could an accompanying standard specify the technical and visual requirements to ensure truly informed decisions?

Moderator

Anja Wyrobek

European Parliament - Europe

Anja Wyrobek is a Brussels based legal professional known for her extensive expertise in European law, policymaking, and emerging technologies, particularly in artificial intelligence, digitalisation and data protection. As Parliamentary Advisor to the S&D LIBE Coordinator she oversees legislation related to internal security and notably digital fundamental rights, surveillance, and artificial intelligence in the Committee on Civil Liberties, Justice and Home Affairs. Her work reflects a commitment to ensuring that technological advancements align with European values and legal standards.

Speaker

Nathalie Laneret

Criteo - France

Vice-President Government Affairs and Public Policy at Criteo. More than 20 years of legal and policy work on digital issues. Prior to joining Criteo, Nathalie was Director of the Centre for Information Policy Leadership (CIPL) in Brussels, a global privacy think tank. She was previously Group DPO at Capgemini and worked for 3M as a senior legal counsel. She started her career as an attorney admitted to the Paris and New York bar with August & Debouzy. She is a graduate from Strasbourg Robert Schuman University and Duke University School of law.

Speaker

Felix Mikolasch

noyb - Austria

Felix Mikolasch is a Data Protection Lawyer at noyb - European Center for Digital Rights, a Vienna-based not-for-profit association focused on strategic GDPR enforcement.

Speaker

Maximilian von Grafenstein

Alexander von Humboldt Institute for Internet and Society - Germany

Prof. Dr. Maximilian von Grafenstein LL.M. is professor for Digital Self-Determination at the UdK Berlin Career College being part of the Einstein Center Digital Future (ECDF). He is also head of the research program "Governance of Data-Driven Innovation and Cybersecurity" at the Alexander von Humboldt Institute for Internet and Society (HIIG). His research focuses on the interface between the regulation of innovation, behavioral economics and media design.