Article 31 - Online behavioural advertising, OBA
(1) The rules regulating OBA concern the durable monitoring of third persons (thirty parties) on several websites and with the goal to create interest-based consumer segments, i.e., groups of consumers who, based on their former online behaviours, match in one or more of their characteristics, or to spread marketing communication to them relying on their preferences and spheres of interest.
(2) These rules shall not apply to advertisements which reach the consumers through the operator of a specific website or websites maintained by a group of companies, the so-called first party business or its subcontractors. Accordingly, the above provisions shall not apply to the collection of the data of the user of an online periodical or retail trading site, if the data to be gathered shall be used solely and exclusively in connection with the operation of this or other sites maintained by the same group of companies.
(3) Third parties performing OBA-related activities shall comply with the provisions regulating calls and control by the user detailed hereunder. The transparency of the rules of the collection and use of data, as well as those related to the consent of the consumer for his or her data to be used for OBA are essential. The regulations hereunder give detailed guidance for the practical implementation of the above principles.
(4) The third parties and the operators of the websites shall describe their practice concerning OBA-related data collection and be unambiguous and inevitable in the relevant appeal. The information shall contain the type of data collected, the goal of data collection unambiguously and shall also offer a simple decision making mechanism for the consumer.
(5) The AdChoices logo can be used only in case if the conduct of the business fully complies with the rules regulating the use of the logo.
(6) For the duration of the storage of data, third parties shall operate a mechanism to help consumers to take their decisions regarding the OBA-related data collection, the use of their data collected and its transfer to third parties. This mechanism shall be easily accessible for them.
(7) Those who collect data using certain technologies and practices and use the data collected for OBA, must obtain the preliminary consent of the consumer. Consumers must be granted the opportunity to withdraw their preliminary consents.
(8) The physical, electronic and administrative measures taken to this end shall maintain the safety of personal data continuously at a high level.
(9) The data gathered for OBA can be stored for the period shown in the preliminary consent of the consumer.
(10) Segments based on sensitive data can be created only with the preliminary consent of the consumers affected.
(11) Any business or organization that takes part in the planning, elaboration or implementation of OBA advertising and marketing communication can be called to account for not complying with the present rules.
