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Making the FTC Look Tame: The EU Targets Behavioral Profiling

Last month, Europe took a major step toward a notice and opt-in regulatory model for behavioral advertising.

On June 22, the Article 29 Working Party, the EU-level data protection advisory body comprised of representatives of all EU member state data protection authorities, issued a detailed and very restrictive opinion on online behavioral advertising. The opinion requires network advertisers to obtain user opt-in to placement of advertising cookies on user devices, to provide prominent notice of profiling, and to erase cookies periodically. It also requires website publishers to inform the visitors about the ad network used and the profiling that takes place. The Working Party will reach out to industry stakeholders and invites public comment and a “dialogue” with industry regarding how to implement the broad principles it articulates in the opinion.

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