Friday 26 May 2023
Grande Halle
eLaw - Center for Law and Digital Technologies Leiden University (NL)

Panel Description

Online behavioral advertising (OBA) is the main revenue stream of ad-based internet. It is claimed to be the root of many online harms (e.g., privacy, autonomy, consumer and social welfare, democracy, and human rights). While GDPR regulates OBA, some scholars claim that OBA’s harms escape its grasp. Nevertheless, recent developments in enforcing the GDPR reveal that it is challenging for the industry to continue the practice. For example, in one case, CJEU considers the legitimacy of the consent framework that operationalizes OBA’s programmatic auction; in another, it considers the legitimacy of personalizing advertisements as a contractual necessity. In addition, consumer protection authorities increasingly apply UCDP to practices that operationalize OBA. Lastly, DSA prohibited using OBA to target minors and when relying on special data categories. Nevertheless, as in Case C 184/20, CJEU expanded the pool of such data; the question is to what extent is OBA legitimate in the EU?

• Online behavioral advertising
• Safeguarding human dignity
• Monetisation of online environment
• Digital constitutionalism in the EU


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