Recently the Italian Data Protection Authority (“Garante”) has published guidance on the use of the personal data in targeted on-line advertising, pursuant to its Personal Data Protection Code (“the Code”).

The Code and the guidance focus, amongst other things, on the use of cookie technology for profiling of on-line consumers using websites. This follows the current guidance in most of the EU regarding the need for the use of cookies and other tracking technology to be transparent by the use of appropriate cookie notices or pop-ups and the right for individuals to unsubscribe from cookies or more preferably, opt-in to their use.

The Federal Trade Commission in the USA, together with other regulators around the world, are particularly focused on the appropriate use of tracking technology on websites and we expect more enforcement of cookie laws not only on websites but also on mobile apps.