Personal Data Processing for Behavioural Targeting: Which Legal Basis?
By: Frederik Zuiderveen Borgesius
Potential Business Impact:
Protects your online privacy from targeted ads.
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.
Similar Papers
Singling out people without knowing their names - Behavioural targeting, pseudonymous data, and the New Data Protection Regulation
Computers and Society
Protects your online info from targeted ads.
Mensen aanwijzen maar niet bij naam noemen: behavioural targeting, persoonsgegevens, en de nieuwe Privacyverordening
Computers and Society
Protects your online information from targeted ads.
Behavioural Sciences and the Regulation of Privacy on the Internet
Computers and Society
Stops websites from tracking you for ads.