The unprecedented growth of online behavioral advertising over the last few years is undoubtedly an issue that should not be overlooked. This state-of-the-art set of marketing practices includes extensive use of sophisticated tracking technologies and machine learning algorithms for processing enormous amounts of personal and nonpersonal data. Incorporating behavioral microtargeting practices in online advertising has far-reaching effects on users as data subjects, consumers, and citizens; nowadays, detailed user profiles are shaped as a result of opaque algorithmic procedures, with little or no human intervention.
The proposed research Project has a threefold goal:
a) Identify the main regulatory challenges concerning data protection in the context of online behavioral advertising, while underlining the legal gaps and deficiencies and illuminating the relation between any unlawful use of personal and non-personal data for these purposes and consumer protection.
b) Examine the level of understanding of, on the one hand, users concerning the status of online behavioral advertising and their rights in this context both as data subjects and as consumers, and, on the other hand, online businesses regarding their obligations through a data and consumer protection prism.
c) Utilize the research findings on the legal framework and the perceptions of users and businesses about online behavioral advertising, in order to issue guidelines that will assist regulatory authorities to effectively supervise the market, improve online businesses’ practices and enhance users’ awareness and autonomy.
The main deliverable of the Project will be a comprehensive report, which will provide a comprehensive overview on online behavioral advertising and microtargeting through the prism of data and consumer protection.
The results of this Project could have significant and multilevel scientific, economic and social impact. Online advertising and behavioral microtargeting form a field of crucial importance for online businesses, consumers and regulators that covers a wide range of possible harms and benefits for those involved. Legal theory, literature and jurisprudence have not yet established a systematic and consistent approach to the challenges associated with online advertising and behavioral microtargeting. Thus, legal certainty is certainly a basic desideratum for legislators, independent authorities, judges, lawyers, businesses and consumers.
Moreover, the Project will shed light on legal issues and notions that are under scrutiny on the highest level, such as the Court of the European Union (ECJ) and the Federal Court of Justice in Germany (BGH).
Undoubtedly, advertising is of fundamental importance to many digital services’ business models. Online behavioral advertising provides the financial capacity for many services to be available for low or no – obvious – cost for consumers. Additionally, many of the most robust and extensive advertising networks are operated or significantly influenced by tech giants, like Google, Facebook and Amazon, which have immense financial interests in this area. Many of the recent policy initiatives undertaken in order to alleviate concerns on insufficient application of data protection rules in the online advertising ecosystem, come from the market.
The size and importance of the online advertising ecosystem leaves no doubt as to whether a systematic, thorough and practical research, which will take place in this Project, would have a high impact on an economic level.
Finally, the Project could have a significant impact on society, as it covers topics that affect every Internet user both individually and in larger groups. Concerns like “filter bubbles” phenomena, online polarization, mass surveillance for undetermined purposes and unaccountable information filtering will be addressed, directly or indirectly, in the course of the Project. It should also be noted that, as recent examples have emphatically proven, microtargeting is not only used in a commercial, but also in a political context.
Politicians are increasingly using microtargeting as a significant part of their campaigns in electoral procedures around the world. It has also been suggested that data-driven digital advertising has played a key role in facilitating political manipulation campaigns. We are confident that many of the findings, conclusions and proposals of the proposed research will have direct effects on evaluating political advertising.
The main objective of the Project is to issue guidelines for consumers, businesses, and regulatory authorities based on a compehensive, academically accurate, but also pragmatic study of the legal aspects concerning modern online behavioural advertising and its impact on data protection and consumer rules. This objective will be achieved through the deliverables on every stage of the research and overall with the main deliverable of this Project, which will be the final Report. The Report will be composed after the successful completion of the first two parts of the research and will incorporate the entirety of the relevant legal analysis and survey results.
The final part of the report will contain guidelines with three distinct target groups and goals;
Firstly, the guidelines will focus on users’ awareness concerning online advertising and microtargeting. The team’s firm belief is that an educated user can claim his rights more effectively both in his capacity as a data subject and as a consumer.
Secondly, the guidelines will cover online advertising and microtargeting practices followed by online businesses. The goal is to Increase their awareness regarding the potential legal risks involved in these practices from the viewpoint of data and consumer protection rules.
Finally, and rather importantly, the guidelines will be addressed to regulatory authorities, for data protection as well as consumer protection. The objective is to provide a much needed legal analysis, useful insights, and proposals on how to effectively exercise their duties in this area. If deemed appropriate in the course of the research, legislative or regulatory initiatives might be proposed.
Besides the final Report, in the course of the Project it is expected that members of the research group will write two original and independent papers, which will be published in prestigious legal journals. Additionally, the research team will organize one workshop with prominent scientists from Greece and abroad, during which the results of the surveys will be presented and further discussed.
Finally, throughout the research period, any produced content will be published on this website, without prejudice to copyrights of third parties, and all updates, news and relevant case-law will be posted online.
