Article 29 Working Party Opinion 2/2010 on Online Behavioural Advertising: Who Wants Cookies?



On June 22, 2010, the influential Article 29 Working Party ("Working Party"), consisting of all the European Union's national data privacy regulators, adopted Opinion 2/2010 on online behavioural advertising (the "Opinion").

In what is being widely viewed as a significant challenge to the future of digital advertising, the Working Party has made it clear that national implementation of amended Directive 2002/58/EC (the "ePrivacy Directive") will require a complete overhaul of existing technology and practice, including currently available browsers and opt-out mechanisms, to achieve the level of informed consent from users that they say the law requires.

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