Is the GDPR Creating a Cat-and-Mouse Game Between Advertisers and Regulators?
Online companies are looking for ways to comply with the GDPR and other privacy regulations without negating their ad business. But are they toeing the line or stepping over it?
September 11, 2019 at 09:30 AM
3 minute read
Last week, the browser company Brave alleged that Google was using a mechanism called "push pages" to work around restrictions on the sharing of personally identifiable information (PII) laid out by the EU's General Data Protection Regulation (GDPR). It did so, Brave said, by assigning a distinct, almost 2,000 character-long code to user information shared with advertisers.
Google issued a response to the site Tom's Hardware saying that it does not "serve personalized ads or send bid requests to bidders without user consent."
Google's ad practices are already facing an inquiry by the Irish Data Protection Commission (DPC), specifically with regards to how well they comply with "GDPR principles of transparency and data minimization." However, regulators attempting to enforce the anonymization of user data could find it difficult to keep pace with companies looking for new ways to both comply with privacy requirements and protect the online advertising revenue that is central to their business.
Jarno Vanto, a partner in the privacy and cybersecurity group at Crowell & Moring, thinks part of the problem is most of the information that's collected about users online nowadays could potentially qualify as personal identifying information (PII).
"Ad tech companies are now trying to come up with ways on the one hand to comply, but then they are still stuck in the old world where they were able to collect all of this data because they could rely on this distinction between non-PII and PII, and that's no longer really a valued distinction," Vanto said.
Google may not be the only online business looking to the DPC or other regulators for guidance on what sufficiently constitutes the anonymization of data. Debbie Reynolds, founder of the data privacy and cyber response firm Debbie Reynolds Consulting, believes other companies will be looking towards the outcome of the DPC's inquiry with interest as they try to align their own data practices with compliance and profitability.
Still, she's not expecting much in the way of new parameters surrounding what constitutes a unique identifier.
"I don't think the regulators are going to try and go out of their way to create new words or new definitions," Reynolds said.
But that may still leave them in the unenviable position of having to police companies who continue to look for creative compliance approaches that don't jeopardize their advertising business.
Vanto thinks it could be a tough road due to the amount of resources that would have be leveraged in order to keep track of the practices employed by each technology company. However, there's a chance that burden won't be placed entirely on regulators.
Per Vanto, there are tech-savvy privacy activists who have an interest in monitoring such activity, as well as rival companies that may also be inclined to keep their competitors moving towards the same kind of consent-based data sharing models that they are being driven to adopt into their advertising practices.
This may be especially true of smaller tech businesses, who Vanto said have often taken the brunt of GDPR regulatory activity in Europe because they don't have the compliance resources of their larger counterparts.
Reports made to regulators in these instances probably don't carry the same altruistic spirit as they would coming from a privacy watchdog. "It's not entirely motivated by privacy concerns but also financial concerns," Vanto said.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllCalifornia Loan Agency Hit With Proposed Class Action Over Alleged Third-Party AI Data Harvesting
Lawsuit Against Amazon Could Reshape E-Commerce Landscape
The FTC's Rebecca Slaughter Wants Fair Competition, and a Good Night's Sleep
'A Fierce Battle of Expert Witnesses' Expected in Cybersecurity Spat
Trending Stories
- 1Infant Formula Judge Sanctions Kirkland's Jim Hurst: 'Overtly Crossed the Lines'
- 2Trump's Return to the White House: The Legal Industry Reacts
- 3Election 2024: Nationwide Judicial Races and Ballot Measures to Watch
- 4Climate Disputes, International Arbitration, and State Court Limitations for Global Issues
- 5Judicial Face-Off: Navigating the Ethical and Efficient Use of AI in Legal Practice [CLE Pending]
- 6How Much Does the Frequency of Retirement Withdrawals Matter?
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250