Spoiler Alert: Behavioral advertising companies will find some bad news in the guidance.

The Article 29 Working Party (WP29) advisory group, which will soon become the more transparently-named (and very powerful) European Data Protection Board, is busy drafting and issuing guidance documents to help organizations understand how European data protection authorities will interpret various requirements of the General Data Protection Regulation (GDPR).  WP29 recently issued draft guidance relating to automated decision-making and profiling that will be critical for all organizations that conduct those activities. The draft guidance is open for comments until Nov. 28, 2017.  This post recaps some of the particularly interesting aspects of the draft guidance, which can be found in full here (scroll down to the items just above the “Adopted Guidelines” section).

But first, what counts as automated decision-making under the GDPR?  And what is “profiling”? Continue Reading Key GDPR Guidance on Behavioral Advertising, Profiling and Automated Decision-Making

Recently, the Electronic Privacy Information Center (“EPIC”) asked the FTC to begin an investigation into a Google program called “Store Sales Management.”  The purpose of Store Sales Management is to allow for the matching goods purchased in physical brick and mortar stores to the clicking of online ads, or as we refer to the practice, “Bricks to Clicks.”

The significance of this is immense.  No longer will advertisers have to wonder how much revenue can be tied to a specific campaign, instead the Store Sales Management will give them insight into how actual consumers who viewed advertisements purchased certain products.  Continue Reading FTC Asked to Investigate Google’s Matching of “Bricks to Clicks”