Online behavioural advertising: Article 29 WP considered inadequate the EASA/IAB Code

The Article 29 WP has adopted an opinion on the On-line Behavioural Advertising Self Regulatory Framework proposed by the EASA and IAB Europe. The WP has made ​​the following conclusions:

“As stated in its Opinion 2/2010, the Article 29 WP does not question the economic benefits that behavioural advertising may bring, but it firmly believes that such practices must not be carried out at the expense of individuals’ rights to privacy and data protection. The EU data protection regulatory framework sets forth specific safeguards which must be respected.
Adherence to the EASA/IAB Code on online behavioural advertising and participation in the website does not result in compliance with the current e-Privacy Directive [directive 2002/58/EC, as revised by 2009/136/EC]. Moreover, the Code and the website create the wrong presumption that it is possible to choose not be tracked while surfing the Web. This wrong presumption can be damaging to users but also to the industry if they believe that by applying the Code they meet the requirements of the Directive.
The advertising industry needs to comply with the precise requirements of the e-Privacy Directive and this opinion shows that many practical solutions are available to ensure a good level of compliance together with a good user experience.”

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