Consistent with its previous opinions, the Article 29 Working Party does not consider the on-line Industry's recommendations on online behavioural advertising are acceptable.
The industry bodies concerned with online behavioural advertising, European Advertising Standards Alliance and the Internet Advertising Bureau Europe have adopted as a code a self-regulatory best practice recommendation on online behavioural advertising. As in the past, the Article 29 Working Party does not consider that the recommendations by EASA/IABE in the code go far enough to obtain informed consent as required by the revised cookie legislation. The recommendation is, broadly speaking, for web pages where behaviour is being tracked to contain a widely recognised icon showing that tracking is taking place and providing links to further information on that tracking. There are other aspects of the EASA/IAB Code which the Working Party also disapproved of.
It made the some specific observations:
- behavioural advertising involves the processing of personal data.
- consent is not required for every type of cookie.
- a pop up is not the only possible way to receive consent.
- clicking through multiple consent "pop-ups" is not always necessary.
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