- Original Poster
- #1
So I've just been doing some "light" reading on the latest GDPR "Guidelines 2/2019 on the processing of personal data under Article 6(1)(b) GDPR in the context of the provision of online services to data subjects"
Article 48 & 49 particularly stood out to me as how they may affect remarketing advertisements. In short it states:
48. Online behavioural advertising, and associated tracking and profiling of data subjects, is often used to finance online services. WP29 has previously stated its view on such processing, stating: [contractual necessity] is not a suitable legal ground for building a profile of the user’s tastes and lifestyle choices based on his clickstream on a website and the items purchased. This is because the data controller has not been contracted to carry out profiling, but rather to deliver particular goods and services.
49. As a general rule, behavioural advertising does not constitute a necessary element of online services. Normally, it would be hard to argue that the contract had not been performed because there were no behavioural ads. This is all the more supported by the fact that data subjects have the absolute right under Article 21 to object to processing of their data for direct marketing purposes.
My question is does anybody know whether this effects remarketing advertisments, in particular Google Ads where you're able to target visitors who's been looking at a particular webpage etc? If so, I imagine these advertisements either have to be switched off or integrate some kind of "opt in" on a privacy policy popup when first visiting the website?
Thanks
Article 48 & 49 particularly stood out to me as how they may affect remarketing advertisements. In short it states:
48. Online behavioural advertising, and associated tracking and profiling of data subjects, is often used to finance online services. WP29 has previously stated its view on such processing, stating: [contractual necessity] is not a suitable legal ground for building a profile of the user’s tastes and lifestyle choices based on his clickstream on a website and the items purchased. This is because the data controller has not been contracted to carry out profiling, but rather to deliver particular goods and services.
49. As a general rule, behavioural advertising does not constitute a necessary element of online services. Normally, it would be hard to argue that the contract had not been performed because there were no behavioural ads. This is all the more supported by the fact that data subjects have the absolute right under Article 21 to object to processing of their data for direct marketing purposes.
My question is does anybody know whether this effects remarketing advertisments, in particular Google Ads where you're able to target visitors who's been looking at a particular webpage etc? If so, I imagine these advertisements either have to be switched off or integrate some kind of "opt in" on a privacy policy popup when first visiting the website?
Thanks
