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European Legal and Privacy Update with FEDMA
This document summarizes a meeting that discussed European legal and privacy updates for data-driven marketing. It included presentations from the CEO of DMA Group and the co-chair of FEDMA on different privacy views in Europe and the need for proportionate and effective regulation through dialogue between industry and policymakers. Other topics discussed were the Data Protection Regulation's impact and how to prepare for the new law, including assessing what constitutes personal data, consent mechanisms, legitimate interest, and profiling activities. The future of marketing and why the industry should care about developments in Europe were also mentioned.
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Similar to European Legal and Privacy Update with FEDMA
European Legal and Privacy Update with FEDMA
- 1. Thursday 27 August No.11Cavendish Square @DMA_UK #dmadata WIFI: Venue Guest Pass: MEETING European Legal and Privacy Update with FEDMA
- 2. Welcome and introduction ChrisCombemale, CEO, DMA Group @DMA_UK
- 3. Dr. Sachiko Scheuing FEDMACo-Chair [email protected] @FEDMA Different privacy views in Europe
- 5. SPEED ISTHE ESSENCE Advertising> personal > real time interactivity
- 6. Proportionate To citizen’s Expectations EmpowersSME’s Stimulates the Economy
- 7. The citizen ismore than a consumer Questions Sweden Germany The Netherlands
- 8. Effective regulation =dialogue between the industry and the policy makers
- 9. PPT Design: CristinaFernandez Dr. Sachiko Scheuing FEDMA Co-chair www.fedma.org [email protected]
- 10. Data Protection Regulation Impactand survival guide Mathilde Fiquet EU Affairs Manager [email protected]
- 11.
- 12. 12th March 2014Plenary Vote General Approach 15th June 2015 Proposal: 25 January 2012
- 13. Representatives of the European Commission Council presidency Rapporteur& shadow rapporteurs Article 29 working party The EDPS FEDMA DIP ICDP Civil Society TRIALOGUE
- 14. Representatives of the European Commission Council presidency Rapporteur& shadow rapporteurs Agreement European Parliament for adoption within 4 months Council for adoption within 4 months
- 15. What are therisks for our industry?
- 16. Limited access to data Strengthenedrules 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
- 17. How to preparefor the new law?
- 18. •A Regulation –not a Directive •For all personal data – BtoB and BtoC
- 19. Is the dataI 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?
- 20. What kind ofconsent mechanism do I use? How could I use explicit consent? Consent = Explicit? Can I get the data I need?
- 21. Re-assessing my legitimateinterest My legitimate interest, Enough? Documenting this assessment Can I get the data I need?
- 22. European Parliament proposal: limitingthe 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?
- 23. 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?
- 24. Council version: similarto 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?
- 25. European Parliament text: Setup 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?
- 26. Other aspects toprepare 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
- 27. • Interpretation ofthe legislation is crucial • Influence remains more crucial than ever • Anticipation and preparation is key
- 28. European Digital SingleMarket: Billions to gain or billions to lose? How to navigate… Sébastien Houzé Secretary General, FEDMA [email protected] @FEDMA
- 29. • Commission “lastchance” • Digital Single Market • FEDMA Consumer Affairs
- 30. Big political challenges Getting peopleback 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:
- 31. Implications for theData-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!
- 32. Lets look atthe Digital Single Market package Published by the European Commission on the 6th May 2015
- 33. Digital Single MarketPackage - 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 stages adoption “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 for adoption Consumer rules- consultation Is that all? NO! 16 Key actions under 3 pillars
- 34. Better online accessfor 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
- 35. Creating the rightconditions and level playing field for advanced digital networks and innovative services Topic 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 2015 New 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
- 36. Maximising the growthpotential 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 plan Revision and extension of the European Interoperability Framework 2015 E-inclusive society Lack of digital skills and e-government E-government action plan 2016-2020
- 37. Focus on FEDMAConsumer Affairs • We aim to identify potential 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 patchwork Member 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)
- 38. Focus on FEDMAConsumer 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.
- 39. Also… • Payments: FEDMAis a member of the new European Payments Council End-user Scheme
- 41. The future ofmarketing…
- 42. Why should wecare 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
- 43. FEDMA, who else? Ifwe 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 OnlyVoice we’ve been able to hear from the Noise.”, EDPS
- 44. 2. Finances • AlastairTempestupdate • Financial situation 2014 • Budget 2015: proposal to the Board
- 45. FEDMA, who else? WojciechWiewiórowski, 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”
- 46. FEDMA, who else? NicolasDubois, 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”
- 47. 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 moment and the very best place, while respecting the customer’s preferences. FEDMA is the only association able to represent the multichannel marketing industry, as well as the entire customer’s journey (marketing and transactional, both outbound and inbound). FEDMA works on horizontal issues (i.e. data protection) as well as channel specific rules (i.e. direct mail issues, telemarketing opt-in rules). On the lobby side, it’s now important, more than ever, to have a concerted and aligned approach. With the advertisers, 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…
- 48. FEDMA and theothers, 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 Global DMA • Keep all open • Give a choice Channels • Access • Privacy Data • Give a choice • Respect Consumer
- 49. FEDMA, a newpositioning European Federation of Direct Marketing Associations with two scopes: DATA & PRIVACY !
- 50. A)It’s all aboutdata, isn’t it? So we became the European Data-Driven Marketing Federation
- 51. B) FEDMA workhard to represent the authority in data protection, privacy and ethical data management. FEDMA sit as experts in many platforms or European federations (EDAA, EASA, ICDP, CoP) but also at a Global level within the DMA
- 52. C) Our mission:balance between access to data and privacy
- 53. D) FEDMA isa respected stakeholder by the European institutions, and by other stakeholders and industry associations. FEDMA is the only federation with codes of conduct recognized by the European Institutions, the Article 29 Working Party and by the consumer associations. This has proven FEDMA to be a balanced stakeholder between industry interest and customer’s interest. The federation is recognised as a legitimate partner to enter into this debate at European level.
- 54. E) FEDMA isthe officially recognized interface between the industry, the European Institutions and the Consumers Associations We are seen as a respect-based industry. Respect is based on: open, connect and share principles Industry EU FEDMA Consumers
- 55. Implementation of theGDPR 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
- 56. Self-Regulation: code ofconduct 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 theWP Article29 and the Commission. ”
- 57. Context: FEDMA’s 2nd strategicproject 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
- 58. FEDMA events Marketing Summit Innovationand trust: New Data Era 22 September 2015 Hosted by Microsoft
- 59. We move the1st of September at the new office: Arts Avenue 43, 1050 Brussels, 5th Floor
- 61. Sébastien Houzé Secretary General [email protected] +32491 22 66 75 www.fedma.org @FEDMA facebook.com/theDMway Sébastien Houzé Channel
- 62. Q&A Session • DrSachiko Scheuing, FEDMA co-chair • Mathilde Fiquet, EU Affairs Manager, FEDMA • Sébastien Houzé, Secretary General, FEDMA @FEDMA
- 63. Closing comments Chris Combemale,CEO, DMA Group @DMA_UK