On March 18, 2025, the Norwegian Consumer Council asked the Norwegian Supervisory Authority to investigate a payment app provider for using consumers’ purchase history for targeted advertising. 

The Council doubts that the consent obtained by the provider to “customize” its service is a valid legal basis under the GDPR.  In particular, it argues that consumers are not clearly informed about the use of their purchase history for targeted advertising and that the app’s user interface nudges consumers to consent.  It also claims that the app provider may be in breach of other GDPR principles, such as data minimization and purpose limitation.  According to the Council, the processing of purchase history reveals much information about consumers, such as the medications they take, their travel habits, their sexuality, or the political books they read, and therefore should not be used for advertising.

This action demonstrates once again that consumer regulators and associations are increasingly vigilant about consumer privacy and working with privacy regulators to take action.

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The Covington team will continue to monitor developments in the area of targeted advertising, both from a privacy and consumer law perspective, and is happy to assist with any inquiries on this topic.

Photo of Kristof Van Quathem Kristof Van Quathem

Kristof Van Quathem advises clients on information technology matters and policy, with a focus on data protection, cybercrime and various EU data-related initiatives, such as the Data Act, the AI Act and EHDS.

Kristof has been specializing in this area for over twenty…

Kristof Van Quathem advises clients on information technology matters and policy, with a focus on data protection, cybercrime and various EU data-related initiatives, such as the Data Act, the AI Act and EHDS.

Kristof has been specializing in this area for over twenty years and developed particular experience in the life science and information technology sectors. He counsels clients on government affairs strategies concerning EU lawmaking and their compliance with applicable regulatory frameworks, and has represented clients in non-contentious and contentious matters before data protection authorities, national courts and the Court of the Justice of the EU.

Kristof is admitted to practice in Belgium.

Photo of Anna Sophia Oberschelp de Meneses Anna Sophia Oberschelp de Meneses

I assist companies in navigating EU laws on technology, with a focus on data protection, cybersecurity, and consumer protection. My goal is to make complex regulations, such as the GDPR, AI Act, Unfair Commercial Practices Directive, and Digital Services Act, more accessible and…

I assist companies in navigating EU laws on technology, with a focus on data protection, cybersecurity, and consumer protection. My goal is to make complex regulations, such as the GDPR, AI Act, Unfair Commercial Practices Directive, and Digital Services Act, more accessible and relevant to everyday business operations.

Regarding data protection and privacy, I guide businesses on GDPR, ePrivacy Directive, and EU marketing laws, covering topics like international data transfers and privacy-focused marketing. Regarding cybersecurity, I help with risk assessments, incident response planning, and staying informed about regulations such as NIS2 and the Cyber Resilience Act. Regarding consumer protection, I assist companies in ensuring their terms are enforceable, their online platforms clearly provide required information, and their practices comply with rules against banned commercial activities.

Fluent in several languages and experienced in international contexts, I am committed to integrating compliance smoothly into business operations, enabling companies to succeed in the dynamic digital environment.