Data Act vs GDPR: Industry Representatives Warn of Conflicts & Call for a Level Playing Field

IAB Europe, the leading European level association for the digital advertising and marketing ecosystem, signed today (April 27th, 2023) a letter to policymakers on the Data Act with fellow European-level Industry Trade Associations including the Advertising Information Group (AIG), the Federation of European Data and Marketing (FEDMA), The European Confederation of Pharmaceutical Entrepreneurs (EUCOPE) and SMEUnited and its National Digital Advertising Association members including Alliance Digitale (IAB France), BVDW, IAB Ireland, IAB Poland, IAB Spain and IAB Sweden. 

The letter, sent to several Members of the European parliament, the Swedish presidency, and commissioner Mr Breton, warns of potential conflicts between the Data Act and the GDPR, emphasising the importance of ensuring a fair playing field. In particular, the letter expresses signatories’ concerns about the European commission’s original proposal and the council’s position on Article 6.2 (b) that clearly interfere with the GDPR and would lead to unintended consequences that will work against achieving a level playing field and impede innovation. 

The signatories made a recommendation to policymakers involved in the trilogue negotiations to ensure that the Data Act aligns with the GDPR by supporting the text adopted by parliament concerning article 6.2 (b). Furthermore, they urged policymakers to ensure that the provisions set out in the GDPR, including safeguards to user privacy, prevail for the processing of personal data. Granting that the current EU data protection legal framework will secure a future-proof Data Act text, welcoming competition, growth in the digital economy and future innovations instead of ruling them out from the outset.

The full letter can be viewed on IAB Europe’s website here and below.