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Personal Data Processing for Behavioural Targeting: Which Legal Basis?

Published: November 25, 2025 | arXiv ID: 2511.20745v1

By: Frederik Zuiderveen Borgesius

Potential Business Impact:

Protects your online privacy from targeted ads.

Business Areas:
Privacy Privacy and Security

The European Union Charter of Fundamental Rights only allows personal data processing if a data controller has a legal basis for the processing. This paper argues that in most circumstances the only available legal basis for the processing of personal data for behavioural targeting is the data subject's unambiguous consent. Furthermore, the paper argues that the cookie consent requirement from the ePrivacy Directive does not provide a legal basis for the processing of personal data. Therefore: even if companies could use an opt-out system to comply with the e-Privacy Directive's consent requirement for using a tracking cookie, they would generally have to obtain the data subject's unambiguous consent if they process personal data for behavioural targeting.

Page Count
32 pages

Category
Computer Science:
Computers and Society