Publishers are very concerned that the omnibus is not simplifying, but instead creating new rules that will harm their business and ability to process data. The proposal must be amended so that it may achieve its intended goals of simplification and supporting media services. While the GDPR is important to protect citizens, its complex overlaps with the ePrivacy Directive are outdated and fail to reflect the realities of the digital economy or to even encourage the use of privacy-friendly technologies.
Therefore, these rules should be simplified in the interest of citizens, regulators and the business community. To succeed, EU privacy rules must shift away from a one-size-fits-all approach and encourage a risk-based framework aligned with the GDPR and the corresponding legal bases for processing data.
In addition, the strict rules that apply to global tech platforms because of their invasive data practices should not apply to ordinary SMEs or publishers. Current rules divert crucial revenue away from European publishers towards foreign platforms, undermining the strategic objectives of the European Democracy Shield and Media Freedom Act.
Publishers appreciate that the Omnibus recognises this risk and the role of editorial media in society through a targeted exemption, but it must go further and create a GDPR data framework that genuinely enables sustainable journalism, treating it as a democratic pillar.
It is essential to preserve the intent of the omnibus to support the media at this difficult juncture. The Omnibus can actively support the sector in several ways:
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Introduce alternatives to consent for media services that engage in low-risk data processing activities or use privacy-friendly technologies, by allowing reliance on the other legal bases of the GDPR and expanding the audience measurement derogation.
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Clarify that media services may base the availability of their content on user consent for processing activities that are necessary to finance that content.
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Stop the introduction of centralised settings and new consent rules because of the harm they could inflict on media services regardless of the exemption, or alternatively make the settings only binding on gatekeepers under the Digital Markets Act
Contact: Iacob Gammeltoft