Several European media organisations, including the European Broadcasting Union (EBU), warned of the negative impact of the proposed provisions on data consent in the context of the provision of media services. The associations are calling on the co-legislators to reconsider these provisions in the proposed ‘Digital Omnibus’ package, currently being negotiated by the EU Council and the European Parliament.
In a joint statement published on Wednesday 6 May, coinciding with the third and potentially final trilogue on the text, the EBU, together with the Association of Commercial Television and Video on Demand Services in Europe (ACT), the European Association of Television and radio sales houses (EGTA) the European Magazine Media Association (EMMA), the European Newspaper Publishers Association (ENPA), the European Publishers Council (EPC) and News Media Europe (NME) stated that the new Articles 88a and 88b of the General Data Protection Regulation (GDPR) would severely restrict the ability of the media to obtain user consent.
In their view, these limitations are “disproportionate and unworkable” as they would prevent media organisations from effectively requesting consent from users, therefore hindering their digital revenues and capacity to innovate. These rules would introduce a centralised model for managing consent through browsers or other global parameters, limiting the media’s ability to interact with their users and offer innovative products. This system would reduce the possibility of differentiating data processing practices and transfer control to intermediaries, reinforcing existing gatekeepers and creating new ones.
They also consider that the exemption provided for the media is insufficient to guarantee the viability of the sector. In addition, the associations are calling for the derogation relating to audience measurement to be amended in line with the European Media Freedom Act (EMFA), by adding “third parties authorised by advertisers and publishers” among the beneficiaries of the exception to ensure equitable and independent audience measurement.
Finally, they call on the European Commission to carry out a holistic assessment and evaluation of the data protection acquis, with a view to identifying workable, balanced solutions for all stakeholders.
François Lavoir, Senior Adviser at the EBU, said that the ‘Digital Omnibus’ package “can make a real difference”, provided that simplification translates into concrete benefits for Europe’s media sector and strengthens the public service remit. (Original version in French by Ana Pisonero Hernández)