European Legal and Privacy Update with FEDMA

1. Thursday 27 August
No.11 Cavendish Square
@DMA_UK #dmadata
WIFI: Venue Guest Pass: MEETING
European Legal and Privacy Update
with FEDMA

2. Welcome and introduction
Chris Combemale, CEO, DMA Group
@DMA_UK

3. Dr. Sachiko Scheuing
FEDMA Co-Chair
sachiko.scheuing@acxiom.com
@FEDMA
Different privacy views in
Europe

5. SPEED ISTHE ESSENCE
Advertising > personal > real time interactivity

6. Proportionate
To citizen’s Expectations
Empowers SME’s
Stimulates the Economy

7. The citizen is more
than a consumer
Questions
Sweden
Germany
The Netherlands

8. Effective regulation = dialogue between the industry
and the policy makers

9. PPT Design: Cristina Fernandez
Dr. Sachiko Scheuing
FEDMA Co-chair
www.fedma.org
sscheuing@fedma.org

10. Data Protection Regulation
Impact and survival guide
Mathilde Fiquet
EU Affairs Manager
mfiquet@fedma.org

11. GDPR?

12. 12th March 2014 Plenary
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 the risks
for our industry?

16. 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

17. How to prepare for
the new law?

18. •A Regulation – not a Directive
•For all personal data – BtoB and BtoC

19. 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?

20. What kind of consent mechanism do I use?
How could I use explicit consent?
Consent
=
Explicit?
Can I get the data I need?

21. Re-assessing my legitimate interest
My legitimate
interest,
Enough?
Documenting this assessment
Can I get the data I need?

22. 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?

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: 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?

25. 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?

26. 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

27. • Interpretation of the legislation is crucial
• Influence remains more crucial than ever
• Anticipation and preparation is key

28. European Digital Single Market:
Billions to gain or billions to lose?
How to navigate…
Sébastien Houzé
Secretary General, FEDMA
shouze@fedma.org
@FEDMA

29. • Commission “last chance”
• Digital Single Market
• FEDMA Consumer Affairs

30. 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:

31. 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!

32. Lets look at the Digital Single Market package
Published by the
European
Commission on
the 6th May 2015

33. 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

34. 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

35. 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

36. 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

37. 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)

38. 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.

39. Also…
• Payments: FEDMA is a member of the new European Payments
Council End-user Scheme

41. The future of marketing…

42. 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

43. 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

44. 2. Finances
• AlastairTempest update
• Financial situation 2014
• Budget 2015: proposal to the Board

45. 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”

46. 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”

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 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

49. FEDMA, a new positioning
European Federation of Direct
Marketing Associations with two
scopes: DATA & PRIVACY !

50. A)It’s all about data, isn’t it? So we became the
European Data-Driven Marketing Federation

51. 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

52. C) Our mission: balance between access to
data and privacy

53. 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.

54. 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

55. 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

56. 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. ”

57. 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

58. FEDMA events
Marketing Summit
Innovation and trust: New Data Era
22 September 2015
Hosted by Microsoft

59. We move the 1st of September at the new office:
Arts Avenue 43, 1050 Brussels, 5th Floor

61. Sébastien Houzé
Secretary General
shouze@fedma.org
+32 491 22 66 75
www.fedma.org
@FEDMA
facebook.com/theDMway
Sébastien Houzé Channel

62. Q&A Session
• Dr Sachiko 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