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Behavioural advertising meaning

What does Behavioural advertising mean?
Behavioural advertising (also called online behavioural or targeted advertising) describes serving targeted ads to individuals based on profiles built from their online activity (for example, pages viewed, searches made, clicks and app usage), typically via cookies, pixels, SDKs and device identifiers. It is not a statutory term; in practice it describes activity overlapping with “profiling” and “direct marketing” under the UK GDPR/EU GDPR and with e‑privacy rules on tracking (UK PECR; Ireland’s ePrivacy Regulations 2011). Key legal features include: obtaining valid consent for non‑essential cookies and similar technologies; identifying a lawful basis for subsequent processing (often consent, or occasionally legitimate interests with a rigorous balancing test); clear transparency notices; honouring the right to object to direct marketing; avoiding creation or use of special category data inferences without an Article 9 condition; managing international transfers; conducting DPIAs; and allocating controller/processor or joint‑controller roles across the adtech chain (including real‑time bidding (RTB) and IAB TCF signals). The position is broadly consistent across England & Wales, Scotland and Northern Ireland (UK GDPR, Data Protection Act 2018, PECR) and Ireland (EU GDPR and ePrivacy Regulations), with active enforcement by the ICO (UK) and DPC (Ireland), particularly around RTB and consent.
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View the related Checklists about Behavioural advertising

CHECKLISTS
UK digital marketing campaigns: legal compliance checklist (DMCCA 2024, CAP Code, UK GDPR, PECR 2003, OSA 2023)

How to use this Checklist Use this Checklist when mapping out a digital marketing campaign. The emphasis is on marketing‑specific requirements, and it does not deal with general matters connected to transactional activity (eg contract formation and distance selling). It spans media selection, territorial targeting, agency contracts and agreements, data protection and safeguarding, advertising compliance, user‑generated content and material, influencer engagement and partnerships, prize and price promotions, and behavioural advertising. It also looks at adherence to the legislative and self‑regulatory regime in the UK, including the unfair commercial practices provisions in the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024) and the UK Code of Non‑broadcast Advertising and Direct & Promotional Marketing (CAP Code). Digital marketing can reach consumers at home, at work and, via their mobiles, tablets and video game consoles, almost everywhere else. Alongside unrivalled potential audience numbers, it gives brands the chance to target individuals on the basis of their specific interests, locations or habits. It is no surprise, then, that brands are moving...

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View the related News about Behavioural advertising

NEWS
Meta v Bundeskartellamt (CJEU): GDPR non‑compliance as abuse of dominance; competition authorities may assess GDPR; narrow lawful bases for behavioural advertising; consent optional with non‑personalised or paid alternative

Meta Platforms Inc (formerly Facebook Inc) and other companies v Bundeskartellamt ECLI-EU-C-2023-537 What are the practical implications of this case? This Court of Justice ruling signals a shift in competition enforcement, centring on data-gathering practices that may weaken competition. It recognises that control over personal data is now a key competitive parameter in the digital economy, and that compliance with data protection rules helps to prevent abuse of dominance. Consequently, dominant online platforms that accumulate extensive data for personalised advertising, both on and off their services, can expect their processing to be examined by multiple regulators. The Court’s narrow reading of contractual ‘necessity’, and of Meta’s claimed legitimate interests in processing Facebook users’ data, mirrors the enforcement taken against Meta by the Irish Data Protection Authority in December 2022 (see LNB News 04/01/2023 27). It likewise aligns with obligations for firms in strong market positions (gatekeepers) under Article 5 of Regulation (EU) 2022/1925 (the EU Digital Markets Act), which prohibits combining on- and off-platform data without consent...

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NEWS
Information law weekly: EDPB ‘consent or pay’ opinion and strategy; DPF redress; EU ‘cookie pledge’ falters; Grindr HIV data group claim; updated guidance and precedents

In this issue: Data protection ePrivacy Daily and weekly news alerts New and updated content Data protection EDBP publishes opinion on ‘consent or pay’ models used by large online platforms The European Data Protection Board (EDPB) has issued an Opinion examining the validity of consent to process personal data for behavioural advertising where major online platforms deploy ‘consent or pay’ approaches. This Opinion follows a request under Article 64(2) of Regulation (EU) 2016/679, the EU’s General Data Protection Regulation (EU GDPR), by the Dutch, Norwegian and Hamburg Data Protection Authorities (DPAs). The EDPB considers it impossible for large online platforms to satisfy the criteria for valid consent if users are presented only with a choice between agreeing to processing for behavioural advertising and paying a fee. In devising alternatives, the EDPB says such platforms should provide an ‘equivalent alternative’ that does not involve paying a charge, and that no-cost option should exclude behavioural advertising. In short, consent cannot be...

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View the related Practice Notes about Behavioural advertising

PRACTICE NOTES
UK OFT Chapter I decision CE/9578-12: Pride Mobility online price advertising restrictions; directions only, no fines under small agreements exemption (2014)

CASE HUB ARCHIVED – this archived case hub reflects the position at the date of the decision of 27 March 2014; it is no longer maintained See further, timeline, commentary and related cases. Case facts Outline of the OFT’s Chapter I investigation into Pride Mobility Products and retailers concerning mobility scooters (Case CE/9578-12). Latest developments On 27 March 2014, the OFT delivered its infringement decision and instructed the companies to cease the arrangements (where this has not already occurred) and to refrain from entering comparable arrangements in future. No fines were imposed, as the agreements qualified as a ‘small agreement’ exempt from penalties—this applies where the parties’ combined turnover is below £20m and price fixing is not involved. The OFT has issued its statement of objections, and the parties will now have the chance to respond...

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PRACTICE NOTES
Latvia Competition Council closed behavioural cases tracker: cartels, anti-competitive agreements and abuse of dominance under Articles 101/102 TFEU and Latvian law, 2018-2026

This table sets out all completed investigations by Latvia’s competition authority (the Competition Council of the Republic of Latvia—the ‘Competition Council’) into alleged cartels, anti-competitive agreements and abuses of dominant positions (Articles 101/102 TFEU and national equivalents) since 2018. Note—only investigations that have been made public are included in this table... 2026 Investigations under Article 101 TFEU/Section 11 of the Competition Law No decisions have yet been issued by the CC under Article 101 TFEU/Section 11 in 2026... 2026 Investigations under Article 102 TFEU/Section 13 of the Competition Law Classified advertising services — SS Issues: SS SIA allegedly abused a dominant position by imposing restrictive terms and curbing access to its online advertising platform Developments: Infringement decision announced—20/03/2026; fines totalling €186,780 imposed Speed camera licences — Burde B.V.

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PRACTICE NOTES
Czech Office for the Protection of Competition (OPC) behavioural competition enforcement: closed cases tracker (2018–2026)—cartels, RPM, bid-rigging, abuse of dominance and Article 19a decisions

This table outlines every concluded probe by the Czech Republic’s competition watchdog, the Office for the Protection of Competition (OPC), into suspected cartels, anti-competitive agreements and abuses of dominance (Articles 101/102 TFEU and national analogues) since 2018. Note—only investigations disclosed publicly are listed. 2026 Investigations under Article 101 TFEU/Article 3 of the Act on the Protection of Competition Electronics – HP TRONIC Zlín, spol. s r.o.: Restrictive agreement—RPM. Infringement decision announced—07/05/2026; fines totalling CZK 38,971,000 imposed. Household appliances – Elberry s.r.o.: Restrictive agreement—RPM. Infringement decision issued—09/01/2026; fines totalling CZK 767,000 imposed. Investigations under Article 102 TFEU/Article 11 of the Act on the Protection of Competition Online text advertising for property listings on dedicated real-estate portals – Seznam.cz: Concern that Seznam.cz abused a dominant position by charging higher unit prices to small-volume advertisers than to larger ones and by varying prices by region and franchise status. Commitments accepted—05/03/2026. Article 19a of the Act on the Protection of...

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