Some Considerations on Intelligent Online Behavioural Advertising

Abstract

Online behavioural advertising refers to advertisements, which are tailored to the tastes and habits of the user who actually views them. It is an intricate phenomenon for a number of reasons, including a twofold regulatory interweave. Firstly, between top-down and self-regulation. Secondly, between the personal data perspective and the competition one. This paper aims to get the knots out in the belief that rising awareness about the issues in online behavioural advertising is pivotal to a fair online environment. The paper is particularly timely in light of new regulations (draft ePrivacy Regulation and General Data Protection Regulation), worrying industry moves (e.g. the Facebook / WhatsApp data synchronisation), and the advent of new technologies. In particular, it will be shown that artificial intelligence presents not only threats to consumers, but also opportunities for bespoke compliance mechanisms. As an appendix, the “Cooperative Charter for an Integrated Approach to Online Behavioural Advertising” is presented in order to facilitate the dialogue between the stakeholders and ensure a balanced regulation of online behavioural advertising.