The undersigned associations reiterate strong concerns about the Digital Omnibus, in particular on Art. 88a GDPR and Art. 88b GDPR.
At a time when the EU seeks to boost competitiveness and strengthen its digital economy, the chosen approach risks achieving the opposite and making it more difficult to process data in Europe. The provisions proposed by the Commission would significantly undermine the business models of the press and media.
The current framework relies heavily on consent for most data access and purposes necessary to provide and finance media offerings in an attractive and financially-sustainable manner, and to innovate and develop new products to engage new audiences in a highly competitive environment. Without a meaningful reassessment of this reliance on consent, the media’s ability to ask users directly for their consent and determine the frequency and content of such requests remains a legal and operational necessity.
In light of the above, the undersigned associations call on the co-legislators to delete Art. 88a(4) and Art. 88b and amend the audience measurement derogation in line with the principles of the EMFA. Rather than maintaining strict consent requirements while simultaneously preventing companies from effectively requesting consent, the EU should assess ways to address issues such as consent fatigue in a way that preserves both user choice and the viability of European digital business models.