Following a six-month period of looking into the AdTech industry, the ICO have published an article on the data protection issues surrounding the rapidly evolving use of digital advertising.
The ICO has significant concerns about the lawfulness of the processing of special category data used in real-time-bidding (RTB), and specifically the lack of explicit consent. It also expressed concerns about whether reliance on contractual clauses to justify onward data sharing is sufficient to comply with the law and suggested that, so far, it has not seen any case studies that appear to support this.
While pleased that its discussions with businesses “has evolved from ‘it’s too complicated’ to practical consideration of potential solutions that combine innovation and privacy”, the ICO has urged all organisations involved in RTB to review their processes, systems and documentation.
At the same time, the Competition and Markets Authority (CMA) has released an interim report on the digital advertising market and has hinted that the outcome of its final report will likely be recommendations to the Government to develop a new regulatory regime.
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