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European Legal and Privacy Update with FEDMA

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European Legal and Privacy Update with FEDMA

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European Legal and Privacy Update with FEDMA

  1. 1. Thursday 27 August No.11 Cavendish Square @DMA_UK #dmadata WIFI: Venue Guest Pass: MEETING European Legal and Privacy Update with FEDMA
  2. 2. Welcome and introduction Chris Combemale, CEO, DMA Group @DMA_UK
  3. 3. Dr. Sachiko Scheuing FEDMA Co-Chair sachiko.scheuing@acxiom.com @FEDMA Different privacy views in Europe
  4. 4. SPEED ISTHE ESSENCE Advertising > personal > real time interactivity
  5. 5. Proportionate To citizen’s Expectations Empowers SME’s Stimulates the Economy
  6. 6. The citizen is more than a consumer Questions Sweden Germany The Netherlands
  7. 7. Effective regulation = dialogue between the industry and the policy makers
  8. 8. PPT Design: Cristina Fernandez Dr. Sachiko Scheuing FEDMA Co-chair www.fedma.org sscheuing@fedma.org
  9. 9. Data Protection Regulation Impact and survival guide Mathilde Fiquet EU Affairs Manager mfiquet@fedma.org
  10. 10. GDPR?
  11. 11. 12th March 2014 Plenary Vote General Approach 15th June 2015 Proposal: 25 January 2012
  12. 12. Representatives of the European Commission Council presidency Rapporteur & shadow rapporteurs Article 29 working party The EDPS FEDMA DIP ICDP Civil Society TRIALOGUE
  13. 13. Representatives of the European Commission Council presidency Rapporteur & shadow rapporteurs Agreement European Parliament for adoption within 4 months Council for adoption within 4 months
  14. 14. What are the risks for our industry?
  15. 15. 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
  16. 16. How to prepare for the new law?
  17. 17. •A Regulation – not a Directive •For all personal data – BtoB and BtoC
  18. 18. 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?
  19. 19. What kind of consent mechanism do I use? How could I use explicit consent? Consent = Explicit? Can I get the data I need?
  20. 20. Re-assessing my legitimate interest My legitimate interest, Enough? Documenting this assessment Can I get the data I need?
  21. 21. 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?
  22. 22. 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?
  23. 23. 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?
  24. 24. 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?
  25. 25. 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
  26. 26. • Interpretation of the legislation is crucial • Influence remains more crucial than ever • Anticipation and preparation is key
  27. 27. European Digital Single Market: Billions to gain or billions to lose? How to navigate… Sébastien Houzé Secretary General, FEDMA shouze@fedma.org @FEDMA
  28. 28. • Commission “last chance” • Digital Single Market • FEDMA Consumer Affairs
  29. 29. 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:
  30. 30. 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!
  31. 31. Lets look at the Digital Single Market package Published by the European Commission on the 6th May 2015
  32. 32. 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 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
  33. 33. 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
  34. 34. Creating the right conditions 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
  35. 35. 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 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
  36. 36. Focus on FEDMA Consumer 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)
  37. 37. 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.
  38. 38. Also… • Payments: FEDMA is a member of the new European Payments Council End-user Scheme
  39. 39. The future of marketing…
  40. 40. 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
  41. 41. 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 OnlyVoice we’ve been able to hear from the Noise.”, EDPS
  42. 42. 2. Finances • AlastairTempest update • Financial situation 2014 • Budget 2015: proposal to the Board
  43. 43. 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”
  44. 44. 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”
  45. 45. 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…
  46. 46. 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 Global DMA • Keep all open • Give a choice Channels • Access • Privacy Data • Give a choice • Respect Consumer
  47. 47. FEDMA, a new positioning European Federation of Direct Marketing Associations with two scopes: DATA & PRIVACY !
  48. 48. A)It’s all about data, isn’t it? So we became the European Data-Driven Marketing Federation
  49. 49. B) FEDMA work hard 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
  50. 50. C) Our mission: balance between access to data and privacy
  51. 51. D) FEDMA is a 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.
  52. 52. E) FEDMA is the 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
  53. 53. 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
  54. 54. 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 theWP Article29 and the Commission. ”
  55. 55. 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
  56. 56. FEDMA events Marketing Summit Innovation and trust: New Data Era 22 September 2015 Hosted by Microsoft
  57. 57. We move the 1st of September at the new office: Arts Avenue 43, 1050 Brussels, 5th Floor
  58. 58. Sébastien Houzé Secretary General shouze@fedma.org +32 491 22 66 75 www.fedma.org @FEDMA facebook.com/theDMway Sébastien Houzé Channel
  59. 59. Q&A Session • Dr Sachiko Scheuing, FEDMA co-chair • Mathilde Fiquet, EU Affairs Manager, FEDMA • Sébastien Houzé, Secretary General, FEDMA @FEDMA
  60. 60. Closing comments Chris Combemale, CEO, DMA Group @DMA_UK
  • wearetable19

    Aug. 27, 2015

European Legal and Privacy Update with FEDMA

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