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A serious nail in the already closed coffin on the Legitimate Interest claims around personalized advertising that has been all over the ad tech ecosystem - noyb.eu/en/noyb-win-personalized-ads-facebook-instagram-and-whatsapp-declared-illegalOn twitter.com
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Basically seems like: If your site's main source of revenue is personalized ads you can't use that as an excuse to automatically opt users in to personalized ads in Europe. A big "NO" to a claim that a lot of businesses have been operating under for GDPR.Permalink On twitter.com
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This means that Meta MUST allow European users a version of its platform that *does not have* personalized advertising. This is a big problem for the economics of how Facebook's ad inventory works and is priced.Permalink On twitter.com
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I think there is a really interesting philosophical tidbit here that isn't particularly a lawyerly regulatory conclusion but tells us something about how the EU regulatory system thinks, perhaps a way to predict the future: ...Permalink On twitter.com
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The EU regulator system fundamentally believes: there is no legitimate interest to do behavioral/personalized advertising. The EU has basically implied this already by GDPR being opt-in, but there have been a lot of loopholes. They are getting closed and this is a big one.Permalink On twitter.com
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If your business is behavioral advertising, esp at scale, in the EU, then you should take this as a sign that the EU doesn't really believe your business should exist. This seems to me to be the direction of European regulations and we should likely consider it as predictive.Permalink On twitter.com
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This is another big thing to note: Facebook's data is all *first party*. This isn't a first vs third vs second party distinction. The thing that the EU has recognized as a problem and is interested in resolving isn't data sharing or data sale -- it's personalized advertising.Permalink On twitter.com
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Yes, to be clear, this specific decision is about dumping a consent requirement into a contract like a ToS. alextcone/1600248824160665600Permalink On twitter.com
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I suspect this means a bunch of products that do tracking that have a 'use this and consent to tracking' note or sticker (like the Roomba example below) are going to have to figure out some different processes in the EU/EEA. Chronotope/1553459733566291969Permalink On twitter.com
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Other things trending my thinking around how EU will consider behavioral advertising into the future: 1. johnwilander/1149965330627698688Permalink On twitter.com
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