Právní aspekty online behaviorální reklamy

Maršál, Jiří

In 2022, the AdTech industry is on the verge of a significant makeover. In addition to technological changes caused by the phasing out of third-party cookies, real-time bidding systems used for online behavioural advertising (OBA) are subject to fierce criticism by privacy advocacy groups. Moreover, the concerns about privacy deficits in advertising ecosystems are starting to translate into regulatory attention. In February 2022, the Belgian data protection authority sanctioned IAB Europe - the ambassador of one of the largest real-time bidding ecosystems in Europe - for failure to ensure lawful data processing. Considering the recent developments, this paper aims to ascertain how online behavioural advertising is governed by current privacy laws and verify whether the prescribed legal requirements are observed in practice. Before assessing its legal aspects, it was first necessary to examine online advertising from a technological perspective. The first part of this paper provides an introduction into AdTech and describes the functioning of real-time bidding (RTB) ecosystems, the roles played by publishers, advertisers and AdTech intermediaries, the programmatic bidding process, the data processed and how the data is exchanged between the involved parties. The second part focuses on practices used in...

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