News & Analysis as of

Data Protection Advertising European Union

DLA Piper

EU: Brussels Court of Appeal Rules on IAB Europe and the TC String – Implications for GDPR Compliance

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On 14 May 2025, the Brussels Court of Appeal (Market Court) delivered the long-awaited judgement in the case concerning the Transparency & Consent Framework (“TCF”) (case no. 2022/AR/292). The Court largely upheld the...more

Hogan Lovells

EU digital advertising: IAB Europe and the allocation of liabilities for the TCF

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On May 14, 2025, the Belgian Market Court delivered a landmark ruling regarding IAB Europe’s role in the Transparency and Consent Framework (TCF). The Court confirms that TC Strings qualify as personal data and that IAB...more

DLA Piper

Google’s U-Turn on Device Fingerprinting: ICO’s Response and Subsequent Guidance

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In a December, the Information Commissioner’s Office (ICO) responded to Google’s decision to lift a prohibition on device fingerprinting (which involves collecting and combining information about a device’s software and...more

BCLP

EMEA - Data Privacy, Digital and AI Round Up 2024/2025

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As expected in the data privacy and digital space, 2024 shaped up to be a year full of guidance, consultations, regulatory focus areas and legislative updates. Artificial Intelligence (AI) remained a hot topic with...more

A&O Shearman

European Commission takes preliminary view that social media platform’s ‘pay or consent’ model does not comply with the DMA

A&O Shearman on

On 1 July 2024, the European Commission (the ‘Commission’) announced its preliminary findings in an investigation of a leading social media platform, concluding that its ‘pay or consent’ advertising model implemented in the...more

Morgan Lewis - Tech & Sourcing

European Court Ruling Impacts Digital Advertising Practices

The European Court of Justice (CJEU) recently issued a significant final decision affecting the online advertising industry, particularly concerning the Transparency and Consent Framework (TCF) developed by the Interactive...more

Wilson Sonsini Goodrich & Rosati

EU Court of Justice Landmark Ruling on Digital Advertising and GDPR Compliance

On March 7, 2024, the European Court of Justice (CJEU) issued a landmark ruling on digital advertising and the concepts of personal data and joint controllership under the General Data Protection Regulation (GDPR)....more

A&O Shearman

Regulating AI: Businesses need to prepare for increasing risk of future disputes

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With AI we face a combination of accelerating technological development and, depending on the jurisdiction, a greater or lesser degree of legislative intervention. Artificial intelligence burst into our collective...more

Faegre Drinker Biddle & Reath LLP

Meta Fines Expose EU Regulators’ Differences and Highlight Fundamental Issues for Data Controllers

Meta Ireland (Meta) has recently been issued with two fines by the Irish Data Protection Commission (DPC) for breaches of the EU General Data Protection Regulation (GDPR) relating to advertisements run on its Facebook and...more

Katten Muchin Rosenman LLP

Kattison Avenue | Issue 8 - Spring 2022

Kattison Avenue examines the latest topics in advertising law affecting today's advertisers, advertising and promotions agencies, technology developers, content producers and entertainment companies. ...more

Morgan Lewis - Tech & Sourcing

Germany Updates Privacy Guidance through Unfair Competition Act

The German Conference of DPAs (the DSK) has released new (legally non-binding) detailed Guidelines dated February 18, 2022 with respect to direct marketing in Germany. ...more

Katten Muchin Rosenman LLP

Latest Retailer Tech Trends Go Beyond Cookies to Include The Fast-Growing Metaverse - Published by Kattison Avenue/Katten Kattwalk...

Throughout the pandemic, retailers had to act swiftly to adapt to stay-at-home orders and social distancing guidelines. This meant making the most of the technologies available and experimenting with new technologies — both...more

Neal, Gerber & Eisenberg LLP

Client Alert: EU Internet Users Must Actively Consent to Use of Cookies

On October 1, 2019, the European Union Court of Justice notably ruled on the type of consent required by a consumer in order to store cookies on their device. The case involved a promotional online lottery organized by...more

Alston & Bird

FashionID: Another Big ECJ Facebook Case with Implications for the Entire Ad-Supported Internet

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On July 29, 2019, the European Court of Justice (“ECJ”) issued its decision in the case of FashionID GmbH & Co. KG v. Verbraucherzentrale NRW.  The ECJ found that websites that integrate Facebook plugins are jointly...more

BCLP

GDPR Privacy FAQs: Do European privacy laws require that a company obtain opt-in consent from a website user before placing third...

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Yes. European data privacy law distinguishes between session cookies that, for example, allow a website to function properly, and behavioural advertising cookies that are unnecessary for the functioning of the website. ...more

Hogan Lovells

Dutch DPA: Banks May Not Use Payment Data for Marketing Purposes

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In the wake of a recent announcement by a major Dutch bank that it would start providing its customers with personalized advertisements based on their spending patterns, the Dutch Data Protection Authority (DPA) has sent a...more

Foley & Lardner LLP

GDPR User Consent? May not in EU’s $22 BILLION targeted ad website market!

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Reuters.com reported “Some major websites continue to deliver targeted advertisements to users in Europe who have not given consent for their personal information to be used, according to advertising industry sources, owners...more

Alston & Bird

WP29 Issues Guidelines on Automated Individual Decision-Making and Profiling in the GDPR

Alston & Bird on

On October 18, 2017, the Article 29 Working Party (the “WP29”) published Guidelines clarifying the new profiling and automated decision-making provisions of the General Data Protection Regulation (“GDPR”). European Union...more

Jones Day

Global Privacy & Cybersecurity Update Vol. 14

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New York Attorney General Announces Record Number of Data Breach Notices in 2016 - On March 21, 2017, the New York Attorney General's Office announced that it received 1,300 reported data breaches in 2016—a 60 percent...more

Jones Day

Global Privacy & Cybersecurity Update Vol. 13

Jones Day on

On December 28, 2016, the New York Department of Financial Services ("DFS") released a revised version of a proposed regulation that would require banks, insurance companies, and other financial services institutions...more

Morrison & Foerster LLP - Social Media

Socially Aware - Volume 5, Issue 7 - December 2014

In This Issue: - What’s in a Like? - R.I.P.: The Facebook “Like” Gate - Facebook Dislikes Fake Likes - Privacy in the Cloud: A Legal Framework for Moving Personal Data to the Cloud - Click...more

McDermott Will & Emery

Guidance on Personal Data Used in Advertising in Germany

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German data protection authorities published new guidelines in December 2013 about the collection and processing of personal data for advertising purposes. The 2013 advertising guidelines (available here in German)...more

BakerHostetler

Poland Adopts Heavy Penalties for Telcos Using Cookies without Obtaining "Opt-In" Consent

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Poland’s Act amending its Telecommunications Law and Certain Other Laws of November 16, 2012, came into effect on March 22, 2013. The law relates specifically to telecommunications companies, and therefore other sectors such...more

Wilson Sonsini Goodrich & Rosati

European Regulators Issue Opinion on Mobile Apps

On March 14, 2013, the European data protection regulators (the Article 29 Working Party, or WP) issued a 30-page opinion addressing how mobile apps should comply with EU data protection law (the Opinion). The main focus of...more

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