In an opinion issued on June 22, 2010, the EU Data Protection Authorities (Article 29 Working Party) clarified the legal framework applicable to online behavioral advertising - an activity that is becoming a hot topic for discussion as its popularity grows. Among other things, the Article 29 Working Party clearly took the position that it is incumbent upon advertising network providers to "create prior opt-in mechanisms requiring an affirmative action by the users indicating their willingness to receive cookies and the subsequent monitoring of their surfing behavior for the purposes of serving tailored advertising."
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The European Commission Article 29 Data Protection Working Party ("Working Party") recently released its opinion on data protection issues related to search engines. The opinion specifically addresses the applicability of the Data Protection Directive (95/46/EC) and the Data Retention Directive (2006/24/EC) to the processing of personal data by search engines.
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