Behavior advertising is not solely a contemporary and hotly debated issue on these shores. Case in point, last month the influential Article 29 Working Party (“Working Party”), consisting of all the European Union’s national data privacy regulators, adopted Opinion 2/2010 on online behavioral advertising (the “Opinion”).

The Working Party has made it clear they are taking on the challenge of creating better checks and balances for digital advertising through its national implementation of amended Directive 2002/58/EC (the “ePrivacy Directive”). This Directive calls for a complete overhaul of existing technology and practice, including currently available browsers and opt-out mechanisms, thereby seeking to achieve the level of informed consent from users which they claim the national law requires.

To view the entire alert please click here. This alert was written by Cynthia O’Donoghue and Nick Tyler of Reed Smith in London, England. For additional information please contact one of the authors.