Abstract [eng] |
The Master's thesis examines the issues of online advertising in the context of EU data protection legislation that does not directly regulate this subject, with the GDPR as the reference framework for the thesis research. The relevance of the topic is determined by the popularity of this marketing phenomenon in the digital society, which is manifested through the creation of a personalised experience for the data subject and the provision of benefits for business development. Of the types of online advertising, behavioural advertising is the most complex and the most problematic due to the amount and methods of collecting personal data. A type of online advertising based on consumer behaviour – real-time bidding technology – helps to illustrate these methods. The issue is identified by examining online advertising as a legal category that has to comply with the legal bases, principles and specific rules of EU data protection law. The analysis of the legal literature and the interpretation of EU data protection law reveals that the processing of data for the purpose of consumer behavioural advertising may not be based on all the legal grounds provided for, and the relationship with the general principles of data protection law can be reasonably questioned due to the complexity of the technologies used for online advertising. The analysis of the special rules helps to identify the extent of the impact of online advertising on the personal data of special categories and of children, and to underline that any virtual footprint of a data subject on the internet can be used for the purpose of displaying online advertising. |