Publicis Playing Hardball With GDPR
As the operational realities of GDPR sink in across the EU some companies are taking aggressive steps to insulate themselves from any new regulatory risks. An example of this is Publicis, who is forcing all GDPR liability onto the publishers it does business with. Publicis’s approach is blunt – they’ve updated their Ts&Cs requiring pubs to get consent from site visitors to use their data for retargeting, and are withholding media spending on those who don’t sign the new policy. As you can imagine, this hardball tactic isn’t playing particularly well on the other side of the table.
I know what you’re thinking right now . . . under GDPR aren’t publishers required to get this consent now anyways, so why is this a problem for them to agree to? The issue for pubs is when they pass back user-approved data to Publicis and its clients, they can’t control if those clients begin retargeting to the same users on other platforms which haven’t received their own data rights consent. So by agreeing to the new Ts&Cs publishers could become liable for GDPR violations on other sites because they supplied the data to do the retargeting in the first place.
In fairness to Publicis they’re only trying to standardize a process for GDPR compliance across their vendors – nothing wrong with that thinking. But forcing a one-size-fits-all-solution is only making Europe’s GDPR mess even worse.