Article 24 - Definitions used in connection with advertisements in digital environment
The definitions hereunder have been worded to cover issues dealt with in this chapter. They are to be interpreted in compliance with the definitions in the “General Provisions”
(1) Digital advertisements and marketing communications: they are marketing communications using the tools of digital interactive media to promote products, or to influence the behaviour of consumers.
(2) Individually targeted communication: a communication sent to an e-mail address or mobile number (e.g., in SMS) or to some similar address that can be associated with a concrete, identifiable person.
(3) Behavioural advertising (OBA): a practice using data derived from the online behaviour of users. Behavioural data are gathered by the help of a device from pages not belonging to the business group of the advertiser, so that on their basis the advertiser could develop an interest-based consumer segment, so that the ads that may be of interest to them could be communicated to these consumers. The activity of businesses operating websites and context-based advertising (e.g., an advertisement that has been published on the basis of the actual behaviour of consumers, the actual behaviour of consumers or a search) do not fall in this category.
(4) Third party: a person, business or organization who or which performs some kind of an OBA-related activity on a website belonging to another group of companies and not to his/its. Difference should be made between third party and the operator of the website and the first party, the latter being the operator, and/or owner of the website, or the pages operated by the same business group.
(5) Explicit consent: an action made by the consumer based on the consumer’s reasoning, whereby reacting to a relevant call, the consumer unambiguously consents to the use of his data to be collected for behavioural online advertisements.
(6) Sensitive data: personal data concerning racial origin, nationality, political opinion, party affiliation, religious, ideological or other conviction, membership in an interest-representing body, sexual life, state of health, addiction, criminal records.
