Written by Ine van Zeeland, Heritiana Ranaivoson & Luciano Morganti
In the beginning of 2019, the French Data Protection Authority (CNIL) handed Google a 50 million Euro fine for not properly explaining the consequences of its profiling activities. Professionals in the media and advertising industries pricked up their ears. While enforcement actions unnerve many in the media sector, underlying justifications provide clarity on the interpretation of contested provisions in data protection legislation. Clarity is sorely needed.
‘Lack of clarity’ emerged as the main theme with regard to personal data protection in a roundtable discussion organized in February between stakeholders in the Belgian media sector (news media, telecom providers, consumer advocates, academia, regulators, law firms, ad tech, and intermediaries). Interpretations of requirements differ between companies, between companies and consumers/users, and between regulators and companies. The consequence of this is that nobody knows for sure what is allowed and what is not.