The digital advertising industry, represented by IAB Europe and several national chapters - Alliance Digital, IAB Ireland, IAB Italia, IAB Poland, IAB Spain, and IAB Sweden - has sent a letter to the EDPB Chair, voicing concerns over the proposed guidelines issued by the European Data Protection Board (EDPB) regarding the Technical Scope of Art. 5(3) of the ePrivacy Directive.
The same coalition has already sent a letter to national ministries last week, echoing these concerns. Previously, IAB Europe, in coalition with national trade association members, had responded to the EDPB public consultation on these draft guidelines.
The joint letter, addressed to the EDPB Chair, acknowledges the intention behind the guidelines to provide clarity on the application of the ePrivacy Directive to new technologies. However, it raises significant apprehensions about the potential implications of the current draft.
At the heart of the issue is the expansive interpretation of Article 5(3) of the ePrivacy Directive proposed in the guidelines. The industry argues that this interpretation could inadvertently encompass essential Internet protocols used for various critical functions in digital advertising, including displaying ads, measuring ad delivery, and ensuring security against ad fraud.
The undersigning associations remarked that such a broad interpretation without clear guidance on exemptions from the consent requirement may lead to inconsistent enforcement across EU member states, undermining the goal of harmonisation and potentially exacerbating consent fatigue among users.
Concluding with a request for a meeting as the discussion unfolds, signatories remain committed to providing input and support to the regulator. They stress the importance of achieving better decisions through increased collaboration between the digital advertising industry and the EDPB.
The full text of the letter can be found here. For further information, please contact Ines Talavera, Public Policy Manager, IAB Europe - talavera@iabeurope.eu, or Helen Mussard, CMO, IAB Europe - mussard@iabeurope.eu.
