Abstract
France is currently on the path of personalised television advertising. The aim is to give access to traditional media to a very common online funding model, which is considered to be much more lucrative than traditional ‘contextual’ advertising. It requires precise knowledge of the recipients’ interests: it is a complete and individualised profile that is sold to the advertiser. At the same time, however, a number of decisions issued by personal data protection authorities on the basis of the GDPR raise doubts as to whether this business model may continue. Although it is not expressly prohibited by European legislation, it is caught by successive decisions on the ‘basis for the lawfulness’ of processing. It seems difficult to continue to base personalised advertising on the ‘consent’ of internet users or viewers on a lasting basis. ‘The legitimate interest’ also seems to be an unresolved route. What is the ‘necessity for the performance of the contract’? The answer is complex and uncertain. Thus, by small, noise-free keys, there is a risk that a de facto ban on a today titanic business model will be prohibited. Perhaps it would have been preferable to achieve this result after a frontal political and social debate, rather than a stack of decisions of technical appearance.