EU Court of Justice: Advocate General’s opinion in Case C-115/22 – NADA e.a.
In today’s Opinion, Advocate General Tamara Ćapeta first addresses the admissibility of that reference. The Advocate General considers that the…
Tue. Dec 24th, 2024
Case C-115/22
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- You have viewed three videos on space exploration across different TV apps. An unrelated news platform with which you have had no contact builds a profile based on that viewing behaviour, marking space exploration as a topic of possible interest for other videos.
Content presented to you on this service can be based on your content personalisation profiles, which can reflect your activity on this or other services (for instance, the forms you submit, content you look at), possible interests and personal aspects. This can for example be used to adapt the order in which content is shown to you, so that it is even easier for you to find (non-advertising) content that matches your interests.
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- You have viewed three videos about rowing across different websites. An unrelated video sharing platform will recommend five other videos on rowing that may be of interest to you when you use your TV app, based on a profile built about you when you visited those different websites to watch online videos.
Information regarding which advertising is presented to you and how you interact with it can be used to determine how well an advert has worked for you or other users and whether the goals of the advertising were reached. For instance, whether you saw an ad, whether you clicked on it, whether it led you to buy a product or visit a website, etc. This is very helpful to understand the relevance of advertising campaigns.
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- You are one of very few to have clicked on an advertisement about an “international appreciation day” discount by an online gift shop within the app of a publisher. The publisher wants to have reports to understand how often a specific ad placement within the app, and notably the “international appreciation day” ad, has been viewed or clicked by you and other users, in order to help the publisher and its partners (such as agencies) optimise ad placements.
Information regarding which content is presented to you and how you interact with it can be used to determine whether the (non-advertising) content e.g. reached its intended audience and matched your interests. For instance, whether you read an article, watch a video, listen to a podcast or look at a product description, how long you spent on this service and the web pages you visit etc. This is very helpful to understand the relevance of (non-advertising) content that is shown to you.
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Reports can be generated based on the combination of data sets (like user profiles, statistics, market research, analytics data) regarding your interactions and those of other users with advertising or (non-advertising) content to identify common characteristics (for instance, to determine which target audiences are more receptive to an ad campaign or to certain contents).
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- An advertiser is looking for a way to display ads on a new type of consumer device. It collects information regarding the way users interact with this new kind of device to determine whether it can build a new mechanism for displaying advertising on this type of device.
Content presented to you on this service can be based on limited data, such as the website or app you are using, your non-precise location, your device type, or which content you are (or have been) interacting with (for example, to limit the number of times a video or an article is presented to you).
- A travel magazine has published an article on its website about the new online courses proposed by a language school, to improve travelling experiences abroad. The school’s blog posts are inserted directly at the bottom of the page, and selected on the basis of your non-precise location (for instance, blog posts explaining the course curriculum for different languages than the language of the country you are situated in).
- A sports news mobile app has started a new section of articles covering the most recent football games. Each article includes videos hosted by a separate streaming platform showcasing the highlights of each match. If you fast-forward a video, this information may be used to select a shorter video to play next.
Your data can be used to monitor for and prevent unusual and possibly fraudulent activity (for example, regarding advertising, ad clicks by bots), and ensure systems and processes work properly and securely. It can also be used to correct any problems you, the publisher or the advertiser may encounter in the delivery of content and ads and in your interaction with them.
- An advertising intermediary delivers ads from various advertisers to its network of partnering websites. It notices a large increase in clicks on ads relating to one advertiser, and uses data regarding the source of the clicks to determine that 80% of the clicks come from bots rather than humans.
Certain information (like an IP address or device capabilities) is used to ensure the technical compatibility of the content or advertising, and to facilitate the transmission of the content or ad to your device.
- Clicking on a link in an article might normally send you to another page or part of the article. To achieve this, 1°) your browser sends a request to a server linked to the website, 2°) the server answers back (“here is the article you asked for”), using technical information automatically included in the request sent by your device, to properly display the information / images that are part of the article you asked for. Technically, such exchange of information is necessary to deliver the content that appears on your screen.
The choices you make regarding the purposes and entities listed in this notice are saved and made available to those entities in the form of digital signals (such as a string of characters). This is necessary in order to enable both this service and those entities to respect such choices.
- When you visit a website and are offered a choice between consenting to the use of profiles for personalised advertising or not consenting, the choice you make is saved and made available to advertising providers, so that advertising presented to you respects that choice.
Information about your activity on this service may be matched and combined with other information relating to you and originating from various sources (for instance your activity on a separate online service, your use of a loyalty card in-store, or your answers to a survey), in support of the purposes explained in this notice.
In support of the purposes explained in this notice, your device might be considered as likely linked to other devices that belong to you or your household (for instance because you are logged in to the same service on both your phone and your computer, or because you may use the same Internet connection on both devices).
Your device might be distinguished from other devices based on information it automatically sends when accessing the Internet (for instance, the IP address of your Internet connection or the type of browser you are using) in support of the purposes exposed in this notice.
With your acceptance, your precise location (within a radius of less than 500 metres) may be used in support of the purposes explained in this notice.
With your acceptance, certain characteristics specific to your device might be requested and used to distinguish it from other devices (such as the installed fonts or plugins, the resolution of your screen) in support of the purposes explained in this notice.