Legalities
Important EU Behavioral Advertising Opinion Adoption
The EU's national data regulators, Article 29 Working Party, adopted a key online behavioral advertising Opinion on the tracking and advertising technologies used to deliver behavioral advertising.
It holds that by May 20, 2011 Internet users must opt-in to receive "cookies" on their computers - including those already stored on users' computers. These "cookies" are a common technology used to track user activity and alert advertising networks of which ads to deliver the user.
The opinion affects ad networks, agencies, advertisers and publishers, basically anyone in the advertising food chain.
It also instructs that a broad acceptance of cookies - an "one for all" acceptance - must have a time limit, and that there must be greater transparency in privacy risks associated with behavioral advertising.
If the Opinion is implemented by law-makers, it will require the industry to review and overhaul existing technologies and practices to achieve the consumer informed consent it seeks.
The EU's privacy protections are much stronger than those in the U.S. Regulators and privacy groups here have been pressuring the ad industry to do more to disclose the use of consumer behavioral data and provide privacy controls. Undoubtedly the steps taken in the EU will spur further action here in the U.S.
[ Resources for you ]
Global Regulatory Enforcement Alert by Reed Smith
Article 29 Working Party Opinion 2/2010 on Online Behavioural Advertising
| Download Article 29 Working Party Opinion 2/2010 on Online Behavioural Advertising (PDF) |
The FTC strongly warned former publishers of a defunct online dating site that they best not sell or use the personal information of its customers.
The publisher and his former business partner are in a contentious legal battle over who owns the customer data, which includes personal information, contacts lists and sexual preferences.
In a letter to the publisher the FTC warns that the sale or transfer or even the continued use by the publisher in light of its bankruptcy action would violate the Federal Trade Commission Act. The Commission asks that the information be destroyed.
[ Resources for you ]
FTC Letter to XY.Com
