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Online Behavioral Advertising: European and American Approaches

Posted on January 11, 2012July 2, 2025 by Dissent

Peter McLaughlin and Megan O’Sullivan write:

On December 8, 2011, the European Union’s Article 29 Working Party issued Working Paper 188 entitled “Opinion 16/2011 on EASA/IAB Best Practice Recommendation on Online Behavioural Advertising” (“WP 188”). WP 188 addresses the online behavioral advertising guidance (the “EASA/IAB Code” or the “Code”) issued by the European Advertising Standards Alliance (“EASA”) and the Internet Advertising Bureau Europe (“IAB”), which was adopted by those organizations in April 2011. WP 188 details the Article 29 Working Party’s concerns with the EASA/IAB Code, including the fact that compliance with the Code does not achieve compliance with the 2009 Directive 2009/136/EC which revised the 2002 e-Privacy Directive (“Revised e-Privacy Directive”).

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