8 of the Most Informative Articles We’ve Read on GDPR and EU ePrivacy Directive

The General Data Protection Regulation (GDPR) and EU ePrivacy directive are daunting and confusing topics, and many marketers are understandably worried about the implications for the brands, businesses and websites they manage.

To help keep you up to date with all the latest news in this arena, we have pulled together several key articles from around the internet, that will not only help you get your head around the new regulations, but allow you to understand exactly how they’ll impact businesses.

1. WTF is the EU ePrivacy directive? – Digiday

Short, sweet and easy to digest, this article is a brilliant starting point if you’re totally unfamiliar with the new EU ePrivacy directive. It outlines exactly what the new regulations will entail and why the European Commission wants to enforce them, explains how the directive differs from previous EU cookie regulations, and describes the basic implications for businesses.

Key points:

• The new directive is an update to EU cookie regulations.
• Consent is key to data collection.
• Consumers will set cookie preferences via their browsers or mobile apps.
• Websites will have to read cookie preferences of their users and deliver pop-ups to advise users to give them permission to use cookies.

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2. Summary of the proposed ePrivacy regulation – IAB

This is another overview of the proposed regulations, but it is a little more in-depth about the ways in which internet, phone and direct marketing communications will be affected.

It also touches on the penalties businesses may face for breaching the regulations (spoiler: it includes fines of up to 4% of annual worldwide turnover). Plus, it has a handy definition of “ECS” (electronic communications services) impacted by the regulations so that you can establish exactly what types of businesses and services are affected.

Key points:

• Software providers need to inform users about privacy settings at the time of installation and ask for consent before installation can be complete.
• Providers of public telephone directories must have users’ consent before making their information available – i.e. users must opt in, rather than being responsible for opting out.
• Users’ consent must be obtained before performing unsolicited marketing communications, which include automated calls, email and SMS.

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3. IAB Europe chief: ‘There’s an obsession in Brussels with tracking’ – Digiday

If you want to know why the new regulations are controversial, this interview with IAB Europe’s CEO Townsend Feehan is a good place to start. She believes that Brussels has a preoccupation with privacy and that the risk of privacy violations aren’t meaningful enough to warrant the severe regulatory measures they’re taking.

• The GDPR’s one-size-fits-all approach doesn’t differentiate between benign data which poses no true risk to consumers’ privacy from highly sensitive personal data.
• The digital advertising industry is likely to be hit hardest by the regulations.
• Despite Brexit, the UK may still have to comply with the ePrivacy Directive or rules that are very similar.

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4. With GDPR on the horizon, it’s time for marketers to get some religion – AdExchanger

This article is less scathing of the implications of the regulations and advises marketers and businesses to start looking differently at the way they handle data collection. It explains that the ePrivacy directive is designed to empower users to take more control of their privacy, something which companies can get behind.

Although the technical implications of the changes may be daunting for businesses, becoming more transparent about data collection is inevitable, and it’s time to embrace it not only to avoid the fines but to benefit consumers.

Key points:

• Companies should look inward to understand why they collect data and communicate their motives clearly and simply with consumers.
• The market for GDPR-related security vendors will grow by $2-billion due to the new regulations.
• User experience is key, which is why businesses should embrace new regulations.

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5. Why the new EU data law matters – and is a headache for ad tech – Digiday

This is another good overview of the implications of the new regulations and the reasons for their controversy. It also gives some detail as to which types of businesses will be most heavily impacted, as well as those which may benefit from the changes.

Key points:

• Since it is a regulation, not a directive, EU member states aren’t able to customise the law to suit individual markets like they could with the previous EU cookie directive.
• Currently, “personal data” includes benign cookie data and highly sensitive data like medical records, and lobbies for a differentiation between types of data have been unsuccessful.
• Ad tech companies which don’t have direct relationships with consumers will be worst off.

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6. New EU ePrivacy directive opens doors for personal data services – Medium

The ePrivacy directive isn’t all doom and gloom according to this article, which explains why the regulations could be mostly of benefit to consumers and companies. It claims that most public and private organisations will benefit from giving consumers simpler control over consent and explores the ways in which this consent may be handled.

Key points:

• The regulations could open doors for simple, standardised processes for consumers to manage their privacy preferences.
• Although some publishers and ad tech companies may suffer, the majority of businesses could benefit from having standardised approaches to consent which enhance trust.
• Third-party permissions and consent management companies may be more suited to handling privacy settings than web browsers.

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7. WhatsApp, Skype face tighter constraints under new EU privacy rules – Reuters

If you want to know more about the way messaging services are impacted by the regulations, this report is a great place to start. There are specific rules that apply to companies which allow calls and messages to be made via the internet – also known as OTT (Over-The-Top) services. Overall, it looks like services like WhatsApp and Skype will face new restrictions, but that telecoms companies will have more flexibility to use customer data.

Key points:

• Telecoms companies have pushed for OTT services to face same regulations they have had for years.
• OTT services will not be able to automatically process user data without consent.
• Traditional telecoms services, which are currently prohibited from using customer data to generate extra income, will now be able to do so in line with the same regulations that OTT services face.

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8. New EU data regulations will ‘rip global digital ecosystem apart’ – AdAge

According to this article, the ramifications of GDPR will be felt worldwide and we’ll see major changes in the digital ecosystem. Although the regulations are based in the EU, they apply to every EU citizen no matter where in the world the data is processed or stored. We’ve already established that ad techs will be impacted negatively, but statements from industry experts give even more insight into the changing dynamics between publishers and ad agencies.

Key points:

• Companies that rely on data tracking to create value will now need to establish direct relationships with customers.
• Mergers and acquisitions could be likely as ad tech business plans are disrupted and companies with direct customer relationships become sought after.
• Publishers may come out on top over ad networks and third parties.

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