Adtech and programmatic advertising—legal issues

The following TMT practice note provides comprehensive and up to date legal information covering:

  • Adtech and programmatic advertising—legal issues
  • Quick view
  • Data protection and privacy
  • PECR 2003
  • PECR 2003 requirements
  • Consent
  • Information requirements
  • Personal data and special categories of personal data
  • Data protection principles
  • More...

Adtech and programmatic advertising—legal issues

Programmatic advertising is not specifically regulated in the UK, but is nevertheless subject to a wide regulatory framework. This Practice Note considers the following:

  1. data protection and privacy

  2. consumer protection

  3. competition

  4. ad fraud and brand safety

  5. key industry, trade and self-regulatory bodies

It should be read in conjunction with Practice Note: Online behavioural advertising, which provides analysis of the commercial and legal issues specifically relating to online behavioural advertising (OBA), targeted advertising, profiling and automated decision-making, which play an important role in programmatic advertising.

See also Practice Notes:

  1. Adtech and programmatic advertising—introduction

  2. Adtech and programmatic advertising—data use

  3. Adtech and programmatic advertising—tracker

  4. Adtech and programmatic advertising—glossary

For information on the regulation of advertising more generally, see Practice Note: Advertising law and regulation.

Quick view

The table below provides an overview of the topics considered in this Practice Note, with links to the relevant section where more detailed information can be found.

Data protection and privacyThis section sets out an overview of the key requirements under the Privacy and Electronic Communications (EC Directive) Regulations 2003, SI 2003/2426 (PECR 2003) and Retained Regulation (EU) 2016/679, the UK General Data Protection Regulation (UK GDPR). It also considers:

—the IAB Transparency and Consent Framework (TCF)
—the Information Commissioner’s Office (ICO) update report into adtech and RTB
—the industry response to the ICO report
—challenges to the TCF
—ICO data

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