Secondly, the project suffers from a lack of clarity and transparency.

This lack of clarity applied in relation to the legal basis for the personalisation of ads.

(α) The general legal uncertainty generated by the lack of clarity and consistency in the applicable legislation and its consequences for the applicant

The finding of lack of clarity and comprehensibility must also be made with regard to the mention of the legal basis of targeted advertising .

Because of this lack of clarity and accuracy, the Constitutional Council, in the aforementioned decision dated January 12, 2002, further defined the notion of moral harassment under criminal law: