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This guidance largely mirrored the conclusions in the recent ICO report but also provided some additional key detail and clarifications highlighted below, including the widely mis-reported declaration that legitimate interest as a legal basis is “dead” under GDPR.The Network Advertising Initiative (NAI) today released its 2018 Annual Compliance Report, a review of members’ adherence to the 2018 NAI Code of Conduct (Code).The report shows that, while NAI staff found that some member companies had various non-material violations of the Code, these members actively worked with NAI staff during the course of the year to ensure that these issues were resolved quickly.The ICO, however, acknowledges differing opinions on some points, particularly regarding the use of partial cookie walls.On legitimate interest, while most initial reactions characterized the report as a complete rejection of legitimate interest (it came across that way to many at first blush), the report is more nuanced.
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On transparency, a high-level conclusion from the ICO is that, “in RTB the privacy information provided often lacks clarity and does not give individuals an appropriate picture of what happens to their data.” This is not the first criticism of industry transparency, and it identifies an area where industry has made great strides, but the complexity of RTB poses continued regulatory challenges.