The Data and Marketing Association in the UK (working with ISBA) has just launched a new 60 page adtech guide focusing on the under the spotlight issue of Real Time Bidding (RTB).
My colleagues have prepared a very helpful summary of the 7 step guide which you can find here. In terms of key takeaways:
- The guide is unlikely to tell privacy practitioners anything you don't already know - a reminder about records of processing, how the GDPR and Privacy and Electronic Communications Regulation requirements works, cookie notices, recommendations for DPIAs etc. However, the summary and context to the regulatory requirements and the fact that it has been prepared by the DMA should help reach and convince marketing teams that they really do need to take note here - and just having a new cookie pop isn't sufficient.
- We know that the ICO, although it has pressed paused on its programmatic investigations for the time being, will resume again very soon. Since it was consulted on the document, it is certainly worth reviewing this latest guide carefully to ensure you have these basics covered before any enforcement action starts.
- The guide does give a few useful practical tips and materials which go beyond existing guidance. In particular, the audit checklists at the back are helpful. Perhaps more light touch than large brands and agencies would use but a good overview and helpful reminder that it isn't enough from an accountability perspective just to put a right to audit in a contract.
- The entire existing of RTB looked under threat at the end of last year. Whether the ICO and other Data Protection Authorities will consider companies following this guidance (and other initiatives like the IAB's new transparency and consent framework) have done enough remains to be seen..