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Thursday 27 AugustNo.11 Cavendish Square
@DMA_UK #dmadataWIFI: Venue Guest Pass: MEETING
European Legal and Privacy Update
with FEDMA
Welcome and introduction
Chris Combemale, CEO, DMA Group
@DMA_UK
SPEED IS THE ESSENCE
Advertising > personal > real time interactivity
ProportionateTo citizen’s Expectations
Empowers SME’sStimulates the Economy
The citizen is more than a consumer
QuestionsSweden
GermanyThe Netherlands
Effective regulation = dialogue between the industry and the policy makers
PPT Design: Cristina Fernandez
Dr. Sachiko ScheuingFEDMA Co-chair
GDPR?
12th March 2014 PlenaryVote
General Approach 15th June 2015
Proposal: 25 January 2012
Representativesof the European
Commission
Council presidency
Rapporteur & shadow
rapporteurs
Article 29 working partyThe EDPSFEDMADIPICDPCivil Society
TRIALOGUE
Representativesof the European
Commission
Council presidency
Rapporteur & shadow
rapporteurs
Agreement
European Parliament foradoption within 4
months
Council for adoptionwithin 4 months
What are the risks for our industry?
Limited access to data
Strengthened rules on profiling
Consent will become explicit
More information to provide to the individual
Burden of proof and documentation for the controller
Broader scope for the individual to object to the processing of data
How to prepare for the new law?
•A Regulation – not a Directive
•For all personal data – BtoB and BtoC
Is the data I have personal?
Is the data I need personal?
Assessing the type of data I have and the data I need
What is personal data?
A new definition
Should I use pseudonymous data?
What kind of consent mechanism do I use?
How could I use explicit consent?
Consent
=
Explicit?
Can I get the data I need?
Re-assessing my legitimate interest
My legitimate interest,
Enough?
Documenting this assessment
Can I get the data I need?
European Parliament proposal:limiting the ability to use the Legitimate
interest as a legal basis to process personal data, in particular by third parties (impact on list
buying…)
My legitimate interest,
Enough?
OR
Can I get the data I need?
Data enhancement, data enrichment, segmentation: is it
profiling?What are the impact of these
activities on the individual?
Profiling activities
New definition and new rules
Data enhancement?
Council version: similar to the current rules
Re-assessing the mechanism already in place allowing individual to request
human intervention
Profiling activities
New definition and new rules
Data enhancement?
European Parliament text:Set up a mechanism offering opt out from
all profiling activities
Profiling which affect the individuals could only be done with the individual’s
consent
Profiling activities
New definition and new rules
OR
Data enhancement?
Other aspects to prepare
Adapting privacy policies
Developing Privacy impact assessment for
risky processing
Assessing how and when information is
given to the individuals
Accountability: demonstrating (documenting) that adequate
procedures are in place
Reviewing opt-out mechanisms in place,
and expand them
• Interpretation of the legislation is crucial
• Influence remains more crucial than ever
• Anticipation and preparation is key
European Digital Single Market: Billions to gain or billions to lose? How to navigate…
Sébastien HouzéSecretary General, [email protected]@FEDMA
• Commission “last chance”
• Digital Single Market
• FEDMA Consumer Affairs
Big political challenges
Getting people back to work in decent jobs
Triggering more investment
Making sure banks lend to the real economy again
Creating a connected digital market
A credible foreing policy
Ensuring Europe stands on its own feet when it comes to energy security
Commission
“last chance”
faces:
Implications for the Data-Driven Marketing sector?
• Speedy adoption of the GDPR to unleash the Digital Single Market
• Digital Single Market package to make the EU more competitive
A lot of work for FEDMA
and the DMAs!
Lets look at the Digital Single Market package
Published by the European
Commission on the 6th May 2015
Digital Single Market Package - Quotes from Mr Juncker Introduction on the DSM Package
“ensure that European citizens will soon be able to use their mobile
phones across Europe without having to pay roaming fees”
Telecom package
Telecom in final stagesadoption
“ensure that consumers can access services, music, movies and sports events on their electronic devices wherever they are and regardless of borders”
Copyright Consultation-no proposal yet
“create a level playing field where all companies offering goods and
services in the EU are subject to the same DP and consumer rules, regardless of where their server is based”
GDPR and consumer rules
GDPR- high pressure foradoptionConsumer rules-consultation
Is that all? NO! 16 Key actions under 3 pillars
Better online access for consumers and businesses across Europe
Cross-border parcel delivery
Preventing unjustified geoblocking
Better access to digital content
Reducing VAT
Topic Issue Solution
ecommerce rules - Minimum harmonisation for tangible goods and legal void for intangible goods
- Enforcement
- Amended proposal 2015 (proposal for simple and effective cross border contract rules) FEDMA part of working group and answered consultation
- Revision Consumer Protection Coop
Parcel delivery Lack of information, transparency, excessive costs and interoperability
Measures to improve price transparency and enhance regularity oversight 2016
Unjustified geo-blocking Consumers not being able to buy online, are denied access to websites based in other MS or pay a geographical adapted price (e.g. through rerouting)
- Legislative proposals (e.g. targeted change to Ecommerce D and art 20 of the Services D) 2015
- Competition sector inquiry 2015
Better access to digital content Lack of portability due to copyright Legislative proposals 2015
Reduce VAT related burdens many different national systems Legislative proposals 2016
Creating the right conditions and level playing field for advanced
digital networks and innovative servicesTopic Issue Solution
Making the telecom rules fit for purpose
Isolated national markets, lack of regulatory consistency and predictability, lack of investment
Proposals 2016
Fit media framework On-demand services are subject to lower obligations Revision AVMS Directive 2016
Fit purpose regulatory environment for platforms and intermediaries
Enormous amount of data and use of algorithms to turn this into usable information. Control access to online markets and significant influence on remuneration of players
Comprehensive assessment of the role of platforms 2015New regulatory questions addressed in up-coming Internal Market Strategy
Reinforcing trust and security in digital services and handling of personal data
- Violation fundamental rights and economic loss to due cyber criminality
- Exclusion of internet service providers, tracking and geo-location
- Public-Private partnership on Cybersecurity 2016
- Revision e-privacy directive 2016 FEDMA monitoring
Maximising the growth potential of the digital economy
Topic Issue Solution
Building a data economy Technical and legislative barriers to Big Data, cloud services and Internet of Things (e.g. data location)
Free flow of data initiative 2016 European Cloud initiative 2016
Boosting competitiveness through interoperability and standardisation
Standardisation must keep pace with technology and standards decided outside EU
Integrated standardisation planRevision and extension of the European Interoperability Framework 2015
E-inclusive society Lack of digital skills and e-government E-government action plan 2016-2020
Focus on FEDMA Consumer Affairs
• We aim to identifypotential threats to access to data or channels in consumer related dossiers
• We aim to share cross-border experience to minimise impact
• Example: Consumer Rights Directive implementation and the impact on telemarketing
Risk: telemarketing
patchworkMember states may
provide that the trader has to confirm the offer to the consumer who is bound only once he has signed the offer or has
sent his written consent. Member States may also
provide that such confirmations have to be
made on a durable medium. (Article 8.6)
Focus on FEDMA Consumer Affairs
Upcoming challenges:
• Consumer- Advertising: • Misleading and Comparative Directive: revision of the Directive before end 2015• Consumer Rights Directive: implementation report 2016• Fitness check of the Consumer Acquis 2016• Unfair Commercial Practices Directive: revision of the guide and possible revision
2016-2017• Implementation of European Recommendations on Collective Redress (deadline
2017)
• Consumer-Big Data: • e-commerce rules for tangible and intangible goods and services-proposal before the
end of 2015• Possible revision of the Sales Directive and unfair contractual terms directive.
Also…
• Payments: FEDMA is a member of the new European PaymentsCouncil End-user Scheme
The future of marketing…
Why should we care about Europe?
Between 60% and 70% of new English legislative text originates from EU texts.
Considering this, it is important for the industry to voice its interest and concerns directly when legislative text are elaborated in Brussels.
Furthermore, topics such as data protection, and consumer rights are key priorities of the EU decision makers and heavily debated within the EU institutions.
Often, stakeholder input as well as expert knowledge is looked after by the European Commission and the European Parliament. Finally, The European Union, has, with time, a tendency to increasingly harmonise legislation for the 28 member states, leaving less and less room for Member states to implement the rules in their own way.
http://www.ladocumentationfrancaise.fr/var/storage/rapports-publics/064000728/0000.pdf
FEDMA, who else?
If we listen to the MEPs , to the regulators, to the experts from the European Institutions, FEDMA is one of the very few federations they listen to.
“ The Only Voice we’ve been able to hear from the Noise.”, EDPS
2. Finances
• Alastair Tempest update• Financial situation 2014• Budget 2015: proposal to the Board
FEDMA, who else?
Wojciech Wiewiórowski, European data protection supervisor:
“FEDMA has the very good experience of translating the sometimes philosophical principles of the law into the practical work of the operators”
“Self-regulation in direct marketing is a very good example of setting a real stand for the processing of personal data”
“Organisations like FEDMA can transfer the knowledge of the law and experience of processing of data into a competitive advantage for companies”
FEDMA, who else?
Nicolas Dubois, Policy officer, Data Protection Unit, European Commission:
“We count on the support of associations like FEDMA to explain the Data Protection reform to its members and to the general public”
“Associations have an important role to play in understanding and adapting the regulation to their needs”
“FEDMA has a lot of experience with code of conduct. The FEDMA code is the first code that has been adopted and supported at EU level by the Article 29 Working
Party and we hope that FEDMA will expand and improve this code of conduct in the context of the new Regulation”
Lobby on channels + content: results
• FEDMA’s role is to ensure that the communication channels between brands and
customers remain open and easy to use, for both marketers and customers.
• FEDMA’s members must be able to reach their customers at the very best momentand the very best place, while respecting the customer’s preferences. FEDMA is the
only association able to represent the multichannel marketing industry, as wellas the entire customer’s journey (marketing and transactional, both outbound andinbound). FEDMA works on horizontal issues (i.e. data protection) as well as channelspecific rules (i.e. direct mail issues, telemarketing opt-in rules). On the lobby side, it’snow important, more than ever, to have a concerted and aligned approach. With theadvertisers, publishers and agencies. At European level, but also at Global Level.
• FEDMA is the only federation working on channels and data.
• No channel, no communication. No data, no business…
FEDMA and the others, together
• At national level: lobby in your own name + lobby with your DMA
• At European level: lobby with FEDMA on channels, data and privacy +lobby with the other European Federations on the content and self-regulation level
• At Global level: synergy and alignment through our position at the GlobalDMA
• Keep all open
• Give a choice
Channels
• Access
• Privacy
Data• Give a choice
• Respect
Consumer
FEDMA, a new positioning
European Federation of Direct Marketing Associations with two
scopes: DATA & PRIVACY !
A) It’s all about data, isn’t it? So we became the European Data-Driven Marketing Federation
B) FEDMA work hard to represent the authority in data protection, privacy and ethical data management. FEDMA sit as experts in manyplatforms or European federations (EDAA, EASA, ICDP, CoP) but also at a Global level within the DMA
C) Our mission: balance between access to data and privacy
D) FEDMA is a respected stakeholder by theEuropean institutions, and by otherstakeholders and industry associations.FEDMA is the only federation with codes ofconduct recognized by the EuropeanInstitutions, the Article 29 Working Party andby the consumer associations. This hasproven FEDMA to be a balanced stakeholderbetween industry interest and customer’sinterest. The federation is recognised as alegitimate partner to enter into this debate atEuropean level.
E) FEDMA is the officially recognized interface between the industry, the European Institutions and the ConsumersAssociations
We are seen as a respect-based industry.
Respect is based on: open, connect and share principles
Industry
EU
FEDMA
Consumers
Implementation of the GDPR and the role of self regulation
Helping companies to implement the
Regulation
Translate legal text in concrete rules for the
direct marketing industry
Updating of the codes of conduct
Development of guidance
LOBBY: Self-regulation, code of conduct revision
Self-Regulation: code of conduct revision
FEDMA Code of conduct – starting the review exercise
Objectives:• To adapt the code to the new legal framework• To adapt the code to new industry practices
“Approval from the Regulators should not be made at the expense of FEDMA’s core principles and values, and primary objective to provide the industry with added-value. The board adopted a resolution to agree to the further working of the FEDMA code of conduct. We will strive to obtain approvals from the WP Article29 and the Commission. ”
Context:
FEDMA’s 2nd strategic project is the development of educational tools for data-driven marketing:
• a certification programme (targeted to companies’ data protection officers and privacy officers) to acquire a sound understanding of marketing related data protection rules.
• a privacy seminar, targeted to a larger number of individuals within a company, mainly from the marketing department, who need to have a synthetic knowledge of the privacy rules related to data processing for marketing purposes.
Education through certification
FEDMA events
Marketing SummitInnovation and trust: New Data Era
22 September 2015
Hosted by Microsoft
We move the 1st of September at the new office: Arts Avenue 43, 1050 Brussels, 5th Floor
Sébastien HouzéSecretary General
[email protected]+32 491 22 66 75www.fedma.org
@FEDMA
facebook.com/theDMway
Sébastien Houzé Channel
Q&A Session
• Dr Sachiko Scheuing, FEDMA co-chair
• Mathilde Fiquet, EU Affairs Manager, FEDMA
• Sébastien Houzé, Secretary General, FEDMA
@FEDMA
Closing comments
Chris Combemale, CEO, DMA Group
@DMA_UK
