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Italy: Garante warns TikTok Italy and TikTok Technology in relation to planned advertising activities based on legitimate interest

July 12, 2022
Summary

The Italian data protection authority, Garante, issued a warning to TikTok Italy and TikTok Technology for potential violations of the ePrivacy Directive and the GDPR, related to their planned use of legitimate interest as the legal basis for personalized ads. The Garante's investigation began after TikTok announced changes to its privacy policy, intending to profile users over 18 for targeted ads without their consent. The Garante found that TikTok's planned processing of personal data, including automatically collected information and cookies, could not be based on legitimate interest. Following the warning, TikTok suspended the policy change, and the Garante remains open to dialogue. The EDPB published an English summary of the Garante's decision.

The Italian data protection authority ('Garante') issued, on 7 July 2022, its Decision No. 248, in which it imposed an urgent warning against TikTok Italy S.r.l. and TikTok Technology Limited, for envisaged violations of Article 5(3) of the Directive on Privacy and Electronic Communications (2002/58/EC) (as amended) ('the ePrivacy Directive') and Article 122 of the Personal Data Protection Code, Containing Provisions to Adapt the National Legislation to the General Data Protection Regulation (Regulation (EU) 679/2016) ('GDPR') ('the Code'), following a press release on the issuance of the warning in question. Background to the decision In particular, the Garante reported that it had started

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