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In particular, the Opinion notes that advertising network providers are bound by Article 5(3) of the ePrivacy Directive pursuant to which placing cookies or similar devices on users' terminal equipment or obtaining information through such devices is only allowed with the informed consent of the users.
Because behavioural advertising is based on the use of identifiers that enable the creation of very detailed user profiles which, in most cases, will be deemed personal data, Directive 95/46/EC is also applicable.