EDPB decisions on Behavioural Advertising
On 5 December 2022, the European Data Protection Board (EDPB) issued two binding decisions in cases concerning Facebook and Instagram, two social media platforms owned by Meta Platforms Ireland. In its binding decisions, the EDPB overturned a decision of the Irish Data Protection Commissioner and decided that contractual necessity does not constitute a valid legal basis to use personal data for behavioural advertising, which could have important consequences for online services relying on behavioural advertising as a business model.
The disagreement between the EDPB and the Irish DPC highlights the challenges that arise when trying to balance the privacy rights of individuals with the interests of large tech companies operating across multiple jurisdictions. These decisions highlight the ongoing challenges that arise in the interpretation and enforcement of privacy regulations in the digital age.
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