The European Union's data protection authorities have released an opinion declaring that online advertisers must obtain “informed” consent before tracking consumers' web browsing to target ads at consumers. The Opinion states that "although online behavioural advertising may bring advantages to online business and users alike, its implications for personal data protection and privacy are significant.” The opinion of the Article 29 Working Party clarifies how the Article 5(3) of the ePrivacy Directive and Directive 95/46/EC apply to online behavioral advertising, stressing that companies engaging in online behavioral advertising using cookies are bound by the new EU rules on electronic privacy that require “informed” consent from consumers. For more information, see EPIC - International Privacy Standards.
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Communications Law and Policy
Jerry Kang and Alan Butler