Marketing Privacy

“The omnibus also introduces the idea of ‘automated and machine‑readable indications of user choice’—browser or OS‑level signals that: Must be implemented by web browsers within a couple of years. Must be respected by online services when: Consent is required, or Users exercise their right to object (e.g. to direct marketing based on legitimate interests). … Negative signals (opt‑out) Will be interpreted broadly: a single ‘no tracking’ browser setting will be treated as a global refusal of: All consent‑based tracking, and All direct‑marketing processing based on legitimate interests. Positive signals (opt‑in) Will likely be declared insufficient for valid consent in virtually all practical cases: DPAs will say consent must be ‘specific’ and ‘informed’ at the service level. A generic browser‑level ‘yes to tracking’ will be considered too coarse. So the browser/OS signal risks becoming a one‑way ratchet.”