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
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