The “legitimate interest” provision in the GDPR will not save behavioral advertising and data brokers from the challenge of obtaining consent for personally identifiable data. As previous PageFair analysis illustrates, personally identifiable data (PII) will become toxic except where it has been obtained and used with consent once the General Data Protection Regulation is applied in May 2018. Even so, many advertising intermediaries believe that they can continue to use PII data without consent because of an apparent carve-out related to “legitimate interest” contained in the GDPR. This is a false hope.
The 3rd-party cookie – the lifeblood of online advertising – may be about to die. A proposal this month from the European Commission to reform the ePrivacy Directive (ePD) requires mandatory privacy options and educates users to distinguish between 1st and 3rd-parties in a way that will make 3rd-party cookies extinct. The Commission’s proposal also applies beyond cookies. The proposed reform of the ePD will further add to the the disruption that Europe’s new regulatory regime for privacy – the GDPR – will wreak upon to the media and advertising landscape when it applies in May 2018. Caveat: the proposal is subject to negotiation between the Commission, the European Parliament, and the Council of Ministers. Its text may change before it becomes a regulation across the European Union.…
In a year and a half, new European rules on the use of personal information will disrupt advertising and media across the globe. Here are the three biggest impacts. Since 1996 when cookies were first repurposed to track users around the Web there has been an assumption that gathering and trading users' personal information is the essence of advertising online. This is about to change.
If you run a website, you might want to breathe a sigh of relief. A decision this morning from the European Court of Justice means that websites can continue to collect and store visitor IP addresses. It would have been a shock to many if the ruling had gone the other way.