‘It was surprising’: IAB Europe’s CEO on the uncertain future of third-party addressability

The way advertisers profile, target and reach people online across the European Union is on the precipice of change — it’s just not clear how much. Regulators have said the way the industry gathers and then uses someone’s data to power large-scale addressable advertising on the open web is unlawful. They argue the safeguards erected by the industry to ensure that someone’s data is protected while it’s being used for advertising aren’t up to scratch.

IAB Europe’s CEO Townsend Feehan

The implications of this decision impact the industry not only in the long-term but have immediate spillover effects on advertisers, publishers and the ad tech vendors between them. There are, however, two sides to every story, and this one is no exception. The online ad industry, or at least the trade body that represents its interests in Europe, holds very different views on advertising and its many intersections with privacy. In fact, the trade body is legally contesting the decision.

Digiday caught up with the IAB Europe’s CEO Townsend Feehan to get her take on the future of those guardrails, also known as the Transparency & Consent Framework.

The responses have been provided by email following a background briefing with Digiday.

Explain the decision to appeal the Belgian DPA’s decision? Moreover, what is actually being appealed?

The decision is an administrative one, meaning that the authority that issued it (the Belgian DPA) both conducted the investigation and issued the final ruling. It is subject to appeal in the Belgian Markets Court. IAB Europe was given 30 days to lodge an appeal, meaning we have until March [4]. On February [11], IAB Europe announced that it would appeal the decision (see statement here). Our petition will dispute the APD’s findings that IAB Europe acts as a controller for the recording of TC Strings — which are not personal data — and as a joint controller for the dissemination of TC Strings and other data processing done by TCF participants under the OpenRTB protocol.

It will also challenge assessments of the validity of legal bases established by the TCF that were done by the APD in the abstract, without reference to the particular circumstances surrounding any discrete act of data processing. Certain other findings and remedies arising as a consequence of IAB Europe’s alleged controllership and joint controllership will likely also be challenged. The appeal will include a request for suspension of the execution of the decision, which was immediately applicable on publication.

Has the Belgian DPA given any guidance on when a formal response to the appeal will arrive?

The timeline for submission of the action plan runs independently of and is not impacted by, the lodging of the appeal. IAB Europe has two months — until April [2] — to submit the action plan. The Markets Court will consider the request for suspension separately from the appeal “on the merits.” Our information is that there may be …read more

Source:: Digiday