A recent decision advertising cookie identifiers of the French Conseil d’État has reignited a fundamental debate in EU data protection law: when do online identifiers qualify as personal data under the GDPR?
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EDPB binding decisions are challengeable under the GDPR: with its judgment of 10 February 2026 in Case C-97/23 P, the Court of Justice of the European Union confirmed that binding decisions adopted by the European Data Protection Board under Article 65 GDPR can be directly challenged before the EU Courts under Article 263 TFEU.
The EDPB and EDPS joint opinion on the Digital Omnibus supports the European Commission’s goal of simplifying EU digital rules and strengthening competitiveness.