By Robert (Bob) Stankey and Adam Shoemaker
On Sept. 14, 2011, the European Union’s Article 29 Data Protection Working Party warned that an industry-sponsored online behavioral advertising (OBA) framework will not satisfy the requirements of new EU data privacy laws. The OBA framework, which was discussed in a Sept. 21, 2011 webinar by DWT attorneys Bob Stankey and Adam Shoemaker, is designed to provide website users with notice that behavioral advertising is being used, and to give them the opportunity to opt in or out of the cookies that these programs deploy. In its current form, the OBA system is manifested through a distinctive icon at the corner of web-based advertisements. Clicking on this icon permits the user to learn more about the advertising system and provides an opportunity to reject cookies.
It remains to be seen whether the OBA framework can be developed into a program that satisfies these requirements. This and other important questions have yet to be answered conclusively, as the European and national legal requirements are themselves still being developed. Further, the Working Party opinion, while considered influential, is not binding on a European or national level.