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Article

French

ID: <

10670/1.10rcc9

>

Where these data come from
Targeted online advertising, personal data protection and ePrivacy: a three-pronged household

Abstract

This extremely crowded and very practical contribution takes stock of the rules applicable to targeted advertising, potentially detrimental to the privacy of internet users. This risk of harm is framed by two European texts, one on the protection of personal data and the other on privacy. The combination of these two sets of rules makes the framework for targeted advertising relatively complex. This complexity is increasing due to divergent interpretations of the texts and their future development. The analysis of these two texts makes it possible to look at the issue of consent, one of the main points of attention for the entry into force of the GDPR. The combined application of these rules to targeted advertising practices is not always easy, also in view of the multitude of actors operating in the sector and the intrication of many data flows between actors. These practices are also regularly brought to the attention of national supervisory authorities, such as the CNIL, and national and European courts. In addition to the implications of these rules of the game, this study presents outline solutions to address the legal uncertainty faced by industry actors.

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