This post was also written by Nick Tyler.

On June 22, 2010, the influential Article 29 Working Party (“Working Party”), consisting of all the European Union’s national data privacy regulators, adopted Opinion 2/2010 on online behavioural advertising (the “Opinion”).

In what is being widely viewed as a significant challenge to the future of digital advertising, the Working Party has made it clear that national implementation of amended Directive 2002/58/EC (the “ePrivacy Directive”) will require a complete overhaul of existing technology and practice, including currently available browsers and opt-out mechanisms, to achieve the level of informed consent from users that they say the law requires.

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