Data Issues Tackled by ISBA's Data Action Group

Data Issues: key concerns for advertisers

Below are the latest data issues affecting advertisers. More details are available for members by clicking on the appropriate links.

Alternatively, members may go direct to the Data Issues Members' Page here >

GDPR Fines 

EU General Data Protection Regulation (GDPR): €20 Million Euro Fine For Non - Compliance

The GDPR comes into force throughout the EU in May 2018, Companies must comply by then in order to trade with the EU single market.

In the UK the Information Commissioner’s Office (ICO) is responsible for implementing the Regulation and will be publishing Guidance on specific issues. Companies that haven’t complied could potentially be fined up to 4% of their annual global turnover or €20 million.

ISBA believes that providing transparency for online advertising is a key element of the Regulation. By promoting transparency and respecting privacy advertisers will build trust among customers. This can only have a positive effect in encouraging consumers to share their data.

ICO Guidance, especially ‘Preparing for the GDPR’ is essential reading and ISBA recommends that advertisers should regularly access the ICO website.

ISBA’s GDPR: Consent seminar, which takes place on 20 October 2017, has been designed to highlight how leading organisations such as GroupM, AppNexus and The Exchange Lab are preparing to comply with the regulation. Find out more here.


ePR is passing through the European Parliament with the aim to provide stronger protect for people’s privacy in the digital age.

The ePR is due to come into effect in May 2018 alongside the GDPR. The timetable may prove optimistic.

As a regulation, it will apply directly within every EU member state. As with GDPR, the UK government has confirmed it would be implemented in the UK before we leave the EU.

In terms of cookies and other online tracking devices, the focus shifts from website cookie banners to users’ browser settings, and seeks to address issues around ad-blocking and Wi-Fi location tracking. It tightens the rules on marketing, with the default position being that all marketing to individuals by phone, text or email must be opt-in. It incorporates the GDPR’s two-tier system of fines of up to €20 million. 

GUIDANCE: Legitimate Interests under the GDPR



The use of Legitimate Interests under the GDPR

ISBA has worked with the Data Protection Network (DPN) and the DMA to publish guidance on how and when marketers can engage with audiences using Legitimate Interest as a basis under the GDPR. The guidance provides practical advice on assessing whether the processing of personal data might be considered “necessary” and whether it meets the crucial Balance of Interests Condition.

We are currently working on updating the Guide, with a view to publishing later this year. For more information, please contact David Ellison.

The guide is available on request. Contact us now for your copy.


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