Data Protection

Getting Europe's data protection reforms right for small digital businesses

By Nathan Salter

May 7, 2015 | 5 min read

Collecting, processing and actioning data is increasingly part of the world we live in and it’s right that regulators should work to ensure that consumers are protected where their personal data is concerned.

Nathan Salter

It also makes sense that the integrated European trading area should be able to benefit from regulatory consistency with unhelpful national divergences ironed out or removed. In all of these respects the objectives of the current European data protection proposals are easily understood. What’s there not to like?!

Of course the reason that we continue to focus on the proposals is because despite our best efforts to influence and educate the legislators and politicians about digital advertising, and propose alternative approaches, the content of the proposals still pose some serious risks to our industry.

Consumer consent for using data as part of built-in, long standing advertising methods is still an area of concern (the need to obtain explicit consumer consent to use cookies, for instance). As is the blunt categorisation of personal data which still threatens to impose prohibitive restrictions on data reliant advertising practices regardless of whether data is sensitive personal data, identifies a consumer or is in fact non-personally identifiable (or pseudonymous).

In the last few years the IAB has led the charge in representing our industry contributing alternative ideas and suggestions which we genuinely believe strike a good balance for consumers and business. Having played a part in this “education” process, it’s been striking how inherently slow, complicated and repetitive the process is and along with the IAB and industry colleagues we continue to engage in an effort to achieve outcomes that are good for consumers and good for business.

It’s also been an eye opener to see the challenge and uncertainty in affecting influence on a pan-European level. Realising that the UK is one voice amongst 28 EU Member States, despite the UK government’s good work on the proposals, injects an enhanced sense of importance…..or urgency.

All the more so when the votes that decide the final outcomes of the proposals could affect the UK far greater than other EU countries given the relative size of our digital advertising market. Other member states have bigger or simply different fish to fry. Or their digital advertising industries simply do not galvanise and project a message in a way that we are able to through the IAB in the UK.

This challenging backdrop goes some way to validate and give extra credence to the efforts that go on to achieve pan-European unity and joint action and it is why we as a business contribute to these efforts. Anything that demonstrates that the concern is common across Europe and is not just an isolated concern has to be a good thing!

DISE (Digital Innovation Showcase Europe) was set up by IAB Europe in 2014 precisely to achieve this joined up approach. As well as championing the European businesses that operate and innovate in the digital advertising space, DISE emphasises that we share the same fundamental concerns around the data protection proposals. DISE believes that a joined up approach is key to influencing the policies that will have a “critical impact” on the future of the industry.

Late last year a number of UK based businesses and the IAB policy team met in Brussels to showcase what we do, argue our case and put forward alternative. As participants within the DISE framework we joined forces with businesses from all over Europe (including Belgium, Germany, Sweden, Italy, Greece and the Czech Republic) and put our case and arguments to Commissioners and MEPs at the European Parliament.

Whilst it served as a reminder of the scale and complexity of the process, we were able to deliver compelling arguments and counterproposals which we hope will have a positive influence.

Since then work has been ongoing. DISE is working on a manifesto as an additional way to convey industry imperatives and argue for constructive regulation and the IAB continues to lobby, educate and inform. In these few months that lead into the final decisive stages, this work has to continue.

I gather that nothing is agreed until everything is agreed so whilst we may be frustrated and worried by elements of the current proposals we still have plenty of opportunity to work on influencing a positive outcome.

Nathan Salter is chief operating officer of OMG and chair of the IAB’s Legislative and Standards Committee. You can find out more about DISE here.

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