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Who will be the main loser from Europe s new data-privacy law?

2018-05-31 06:33:50

GDPR will frustrate the ad-tech industry s need for reams of personal data

PLEASE don t leave us. From the dozens of e-mails in people s inboxes,

begging them to give their consent to be sent further messages, you could

deduce that the senders of newsletters and the like are hardest hit by the

European Union s tough new privacy law, the General Data Protection Regulation

(GDPR), which goes into effect on May 25th. But the main loser may well be an

industry that few have ever heard of but most have dealings with every day:

advertising technology, or ad tech. In fact, the GDPR would probably not exist

at all were it not for this collection of companies, which have an insatiable

hunger for personal data.

Ad tech emerged because advertising is the internet s default business model.

Since targeted ads tend to be more efficient and targeting requires personal

data (sites previously visited, searches in online stores and the like), these

data became the fuel of a new industry to automate online advertising. It is so

complex that even experts often resort to what is known as LUMAscape , a

collection of maps of the business packed with logos put together by Luma

Partners, a bank. It lists hundreds of firms in 18 different subcategories.

One cause for this fragmentation is the generosity of over-optimistic venture

capitalists, who have backed even the most unlikely ad-tech ideas. Another is

the nature of the beast: many cogs have to mesh to match people and ads in

real-time. The fact that personal data are widely shared with lots of companies

creates even more business complexity but also makes the system a favourite

target of privacy advocates.

Yet the ad-tech bubble has been deflating for some time, says Brian Wieser of

Pivotal, a research firm. The industry thought that consumers would welcome

relevant ads, but as these got more intrusive and creepy, people reacted by

installing ad-blockers. Both Facebook and Google, ad-tech ecosystems unto

themselves, have grabbed ever more ad dollars, leaving slim pickings for

rivals. As a result, the industry was already consolidating.

The GDPR will speed up the process by, in effect, assigning a value to personal

data. Under a realistic reading of the GDPR, most ad-tech firms will need

consent from individuals to process their data. This will be hard, since most

have no direct relationship with consumers. And even if they do, people are

unlikely to approve being tracked across the web; only 3% would opt in,

according to Johnny Ryan of PageFair, an ad-tech firm critical of the industry.

Reactions to GDPR have varied. Some ad-tech companies have pulled out of

Europe. Others think they can get away with claiming legitimate interest ,

which is another legal basis for processing personal data allowed by the GDPR

an optimistic interpretation, and one that is likely to become obsolete with

the ePrivacy directive, another privacy law the EU is working on. For its part,

the European arm of the Interactive Advertising Bureau, a lobbying group, has

released technical standards to ensure that an individual s consent or the lack

thereof is communicated across the advertising supply chain.

Another tack is to try and use the GDPR to improve companies position in the

market. Google has told all the websites and apps that use its ad-tech tools

that they must get people s consent. It also says that if they use its consent

tool, they must limit their use of other ad-tech vendors. That has publishers

up in arms. They worry it will make Google an even more dominant force in the

online advertising market. Instead, they harbour hopes that the GDPR will end

up helping them. The rise of ad tech meant that advertisers no longer targeted

websites and apps, but people. If the law makes individual targeting more

difficult, publishers will regain some control of customer relationships, says

Jason Kint of Digital Content Next, a publisher group.

Early signs suggest that the ad-tech industry may indeed be turning away from

individually targeting people, and not only in Europe. Google, for instance,

has said it will offer ads that are less targeted at particular individuals. A

group of media companies has launched TrustX, a non-profit ad exchange which

does not allow people s data to be shared by lots of other firms. If the GDPR

strengthens this trend, consumers will breathe easier online and not just

because their inboxes will be emptier.

This article appeared in the Business section of the print edition under the

headline "GDParrgh..."