The online marketing industry’s code of practice for behavioural ads – which features an icon supported by a website – has been thrown into disarray after EU data protection chiefs claimed it does not automatically comply with EU privacy laws.
This is not the first time the so-called “Article 29 Working Party” – a committee of representatives from each of the EU national data protection regulators – has raised concerns over the icon. In the summer, it claimed the code of practice was virtually “meaningless”; now it reckons the code does not make operators obtain clear enough user permission to track online activity.
Behavioural advertising is one of the most controversial issues within the digital sector as, although most agree it opens up a raft of targeting opportunities, it also sparks huge privacy issues.
The code was drawn up by the likes of IAB Europe, the World Federation of Advertisers, the European Advertising Standards Alliance, the Direct Marketing Association and the Incorporated Society for British Advertisers (ISBA).
By clicking on the icon, consumers can get further information about behavioural advertising in the relevant European language as well as manage information preferences or stop receiving behavioural ads via a new pan-European website, www.youronlinechoices.eu.
However, the Working Party said that following the code was not enough for operators to be said to be complying with the law.
“Taking into account the current lack of knowledge and awareness of the web users with regard to behavioural advertising, the… icon approach is not sufficient to properly inform the users about the use of cookies,” the Working Party said in its opinion.
The icon does not contain sufficient “additional language” to explain to the average internet user what its “underlying meaning” is and does not enable consent to be given until after tracking has begun, the Working Party said.
“Since the icon in itself and the website www.youronlinechoices.eu do not provide accurate and easily understandable information about the different controllers (advertising networks) and their purposes for the processing, the code and the website do not meet the requirement set out at the revised e-Privacy Directive,” it said.
Related stories
EU slams ‘meaningless’ cookie icon
