The following IP guidance note provides comprehensive and up to date legal information covering:
This Practice Note analyses the following commercial and legal issues relating to online behavioural advertising (OBA), targeted advertising, profiling and automated decision-making:
What is online behavioural advertising?
Terminology and contractual models
Technology behind behavioural advertising
GDPR and online behavioural advertising
General profiling and decision-making based on profiling
Solely automated decision-making
Data protection impact assessments
Interplay between PECR 2003 and the GDPR
Government and regulatory scrutiny of online behavioural advertising
Although many laws are relevant in this context, the primary consideration is data protection. This note addresses the position under the General Data Protection Regulation, Regulation (EU) 2016/679 (the GDPR) which became directly applicable and fully enforceable in all EU Member States on 25 May 2018.
The GDPR has had a significant impact on OBA due to stricter limitations on the processing of personal data and greatly increased fines for non–compliance. One study found that there had been a 22% drop in the number of cookies placed by news websites without the user’s consent since implementation. Advertising and marketing cookies specifically were down 14%.
For more information on the GDPR generally, see Practice Note: The General Data Protection Regulation (GDPR).
Behavioural advertising is a form of targeted marketing in which advertising content is selectively delivered to online users based on a profile
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.