The DSGVO was introduced. Can we sit back now? No! Now comes the ePrivacy Regulation. That means challenges and rethinking for marketers again and that is a good thing!
The ePrivacy Regulation is a new beginning
The media and advertising associations speak of “dramatic consequences for advertisers and portal owners”. If we believe this lobby, the ePrivacy Regulation will be the end of Internet advertising as we know it.
Contrary to this view, we believe that the ePrivacy Regulation is an opportunity for businesses. The regulation will force companies to rethink their business model. In particular, companies that process user data must respect users’ rights and be more careful with their data. The regulation is undoubtedly a challenge. But that is exactly what has unimaginable potential for a new beginning: a secure new beginning geared to the privacy of users!
We also advocate this new beginning in our “Joint industry statement on the ePrivacy Regulation“.
What is the ePrivacy Regulation?
If MEPs adopt the ePrivacy Regulation in its current form, it will be a specification of the DSGVO. It describes in more detail the rules and obligations for dealing with and creating software and websites. The main focus is on the privacy of the user and the handling of his personal data. The ePrivacy Regulation thus replaces the previous ePrivacy Directive and the supplementary Cookie Directive. The emphasis here is on the words “Regulation” and “Directive”. If every European state still had to ratify the “Directives”, the Regulation will enter into force immediately and in the same way for all states. This means that the Regulation will create a uniform basis for all European states when it enters into force.
Transparency in the processing of data
This standardisation will simplify the rules for handling cookies and personal data and at the same time make them more transparent for the user. Roughly speaking, this means no cookies without consent if they affect the privacy of the user. If website operators wish to set cookies in the future for the recognition (retargeting) of users, they must give their explicit consent. This thought makes online marketers dizzy. Even the rather lax do-not-track setting is now binding for website operators and must not be ignored as before. If users agree to third party cookies or retargeting, they still have the right to revoke this agreement every six months and demand their “right to be forgotten”. Now advertisers have to delete every record that concerns a user. In the event of violations, the DSGVO’s catalogue of penalties and fines applies. And that can be expensive.
Quo vadis for software and website operators?
However, the draconian penalties alone should not be the driving force for change. Let us seize the opportunity for a safe new beginning that creates trust. This only works with procedures and measures that protect users’ data. That is why end-to-end encryption should be an integral part of digital communication. What we have always implemented uncompromisingly in our cloud services also makes software and websites more secure. This also protects personal user data. And that is precisely the main objective of the ePrivacy Regulation. Providers of electronic communications services should ensure that there is adequate protection against unauthorised access or alteration of electronic communications data. In addition, the confidentiality and integrity of the data transmitted or stored must also be guaranteed by technical measures in accordance with the state of the art.
It is not only we at TeamDrive who want to restore confidence in the digital economy. Our colleagues from AmorText, CryptTalk, Lavabit, ProtonMail, Tresorit, Tutanota and Wire are also pursuing this idea. That is why we addressed ourselves together in a letter to the ministers in Brussels.
