Presentation
Thanks to its daily traffic and the ease of implementing statistical analysis tools, the internet has become a prime target for advertisers. In this context, the business model of many companies, particularly the GAFA (Google, Apple, Facebook, Amazon), relies primarily on advertising to finance free services for internet users. To optimize their performance, these companies mainly use cookies to track user activity and perform other targeting or profiling actions.
The use of data considered personal raises numerous concerns.
Data exploitation: impacting marketing and advertising
Many types of advertising coexist today, adapted to the internet. In short, we can mention paid search engine advertising, directories, contextual advertising, Facebook ads, retargeting, and organic search engine optimization (SEO).
Governed by legislation primarily found in the Consumer Code and the body of ICT law, the use and exploitation of data gives rise to complex issues. While data acquisition is generally accepted, competition law quickly clashes with personal data law.
The transfer of data to business partners requires compliance with several obligations, including obtaining the individual’s strict and non-extensive consent before any transfer, informing and identifying all data recipients via the consent form, and implementing a practical procedure for objecting to, rectifying, and deleting data. Documenting all these steps is obviously crucial, especially in the event of an audit by the relevant authorities, such as the CNIL (French Data Protection Authority), the Competition Authority, or the DGCCRF (French Directorate General for Competition Policy, Consumer Affairs and Fraud Control).
GDPR & Marketing: The Obligations of Professionals
The GDPR has established general rules imposing new, particularly stringent, and often difficult-to-understand obligations on online marketing professionals and their representatives regarding data processing.
In this context, the CNIL (French Data Protection Authority) has published several documents since 2018 to facilitate understanding of the practices and due diligence required of professionals in this area. Two main topics are addressed: opt-in partner marketing and the use of cookies and trackers on websites.
