This Practice Note considers the legal issues relating to online Behavioural advertising (OBA), Profiling and automated decision-making. It describes key areas of law affecting behavioural advertising and profiling, including Assimilated Regulation (EU) 2016/679, the UK General Data Protection Regulation (UK GDPR) (plus the rules on solely automated decision-making), Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR 2003), SI 2003/2426 and the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code).

This Practice Note refers to assimilated law. Assimilated law is the name given to retained EU law (REUL) which remains in force after the end of 2023. The re-categorisation of REUL (and associated terms) to assimilated law reflects a change in its status and treatment under UK law, in that it is generally to be interpreted according to ordinary domestic law and principles. 

From 1 January 2024, REUL is ‘assimilated’ into domestic law by virtue of the fact it is generally stripped of EU-derived interpretive effects (eg supremacy of EU law, directly effective rights, and general principles previously retained under the European Union (Withdrawal)