By Mark Roy, Founder and Chairman of REaD Group
The current chaos that seems to have overtaken the social media world these days is going to have far reaching consequences, not just social media but across the entire digital spectrum.
We have all been inundated with warnings about the imminent arrival of GDPR and many of us have spent much of the past few years preparing for that change. But it is the Electronic Privacy Review (E-PR) that will have a devastating effect on businesses engaged in digital communications as the current social media furore has altered the focus of E-PR from PECR re-write to complete reinvention of digital communications regulations.
The back story to GDPR is that the European Union was extremely unhappy in the early teenies about American digital behemoths – the likes of Facebook, Microsoft, Google, and Apple wantonly using European citizen data for their own gain. They believed (rightly in my view) that European citizens should be able to exploit these services whilst having confidence that data would not end up disappearing to God knows where and used for God knows what!
To make matters worse for the Americans, in the time it has taken to get GDPR ratified in Europe both Safe Harbours and Privacy shield have been binned, although an allegedly ‘beefed-up’ version of Privacy Shield is now in play. Somewhat unhelpfully, in a deeply Churchillian two fingered way, Mr Trump has also managed to abolish the Obama Privacy bill which apparently did not put ‘America First’!
However, the wider story is not about the new controls and transparency that GDPR will provide for European citizens, it isn’t even about the fines that will be issued if companies fail to adhere to this new higher standard, the real story is about what is going to happen next year when the E-Privacy review (E-PR) is published.
The digital marketing arena is currently governed by the Privacy and Electronic Communications regulations (PECR). Written in 2003 it has been subject to comparatively little reform over the last 15 years, amazing considering all that has changed in that time. The E-PR is fast approaching its closing stages and aims to resolve the significant legislative gap between the digital arena of 2003 and today’s much changed industry, as well as creating important synergies between E-PR and GDPR.
At its heart (surprise surprise!) a pretty draconian view of how commercial organisations are able (or unable) to exploit European citizen data. One other key thing to mention is that currently, sitting within the text, it states that all digital communications should be based on consent in line with GDPR, in other words open, transparent and unambiguous and requiring affirmative action.
So, it will not surprise you in the least when you hear that MEP’s, Euro legislators, rapporteur’s, ministers et al have spent the last few months being savagely lobbied by who? You guessed it, the US behemoths who stand to lose billions as a result of these changes, yes – those same behemoths that sat firmly in the cross-hairs of the Euro legislature back in the early teenies!
So when a story erupts about an analytical business using “surreptitiously” acquired data to try and influence the outcome of an election you won’t need a degree in quantum physics to understand that any party involved in the creation of the E-PR will now be doing everything within their power to ensure that European citizen data is protected at all costs.
Whilst I have long said the GDPR right to erasure articles would signal an end to the wanton use of citizen data in the programmatic industry, it now seems that a relatively small analytical business abusing the trust of Facebook users (aided by a long-held commercially convenient laissez faire attitude from Facebook) has pretty much ensured that the E-PR will move to an opt-in model and that European digital marketing companies will have to find a new and more transparent way of acquiring customers.