The Article 29 Working Party has considered the IAB/EASA Code, properly titled the Best Practice Recommendation on Online Behavioral Advertising. Pending a meeting with the IAB and EASA in September, it has written to express its main concerns. The outstanding concern is that the Article 29 WP does not think that the IAB/EASA Code deals properly with the issue of consent. The Working Party thinks that the operation of the Code will lead to consent of many Internet users being wrongly assumed and damningly suggests that the Code’s provisions will lead to reliance on consent that is ‘illusory’.
The Working Party’s concerns do not stop there and it is hard to see how the Code can withstand the level of criticism directed at it.
For the full letter to the IAB and EASA in pdf format, click here.