Adtech and Real-Time Bidding under European Data Protection Law

Abstract This article discusses the troubled relationship between contemporary advertising technology (adtech) systems, in particular systems of real-time bidding (RTB, also known as programmatic advertising) underpinning much behavioral targeting on web and through mobile applications. analyzes extent to which practices RTB are compatible with requirements regarding a legal basis for processing, transparency, security European data protection law. We first introduce technologies at play explaining analyzing deployed online today. Following that, we turn Rather than analyze against every provision General Data Protection Regulation (GDPR), consider context GDPR’s requirement processing transparency requirements. show, first, that GDPR requires prior consent internet user RTB, other bases not appropriate. Second, show it is difficult—and perhaps impossible—for website publishers companies meet Third, incentivizes insecure processing. conclude concept practice, structurally difficult reconcile Therefore, intervention by regulators necessary.