EASA Newsletter November 2019
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     November 2019



     EASA Event Participation in November

    Save the Date - EASA Event on Gender Portrayal
    Save the Date - EASA Spring Biannual Meetings in Ljubljana

     ARPP (France)
     AUTOCONTROL (Spain)
     JEP (Belgium)
AMI 'Advertising Council' (Russia)


EASA Event Participation in November 

CMS Annual Advertising and Marketing Seminar

On 14 November, Justina Raižytė, Head of Development and Policy at EASA, participated at the CMS Annual Advertising and Marketing Seminar. She presented influencer marketing standards in Europe to a full house of ad industry professionals, discussing different approaches and common future challenges.

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Save the Date - Event on Gender Portrayal at the European Parliament!

In collaboration with MEP Brando Benifei, EASA is organising an event on Gender Portrayal. The event will consist of a series of presentations of best practices. 

The event will take place on 25 March 2020 at the European Parliament in Brussels. 

More information about registrations and participation will be shared in the upcoming weeks!

Save the Date - EASA Spring Biannual Meetings in Ljubljana!

We are happy to announce that EASA's Spring Biannual meetings will take place in Ljubljana, Slovenia on 14 - 15 May 2020, hosted by the Slovenian Advertising Chamber. 

We hope you can join us for the meetings, which will include many exciting, informative, and relevant sessions, set in Slovenia’s picturesque capital city!

More information about registrations and participation will be shared in 2020!
Launch of a Working Group on Best Practices in Digital Audio Marketing
The time has come to define, with professionals involved, the rules that will allow the market to structure itself, to lay the ethical foundations of a lasting trust, necessary for the development of digital audio marketing.
At the convenience of the participants, several ethical topics and any other subjects will be explored:
  • Identification and qualification of commercial communications (brand content, product placement, sponsorship, pre-roll, host read, connected speakers...)
  • Protection of young audiences
  • Behavioral advertising, geolocation: information, choice and control
  • Comfort of listening and user experience
Thanks to the ARPP members who have already confirmed their participation in this new working group on digital audio marketing!
Environmental Issues and Advertising

The new Opinion of the CEP ( Advertising Ethics Council).

The growing perception of the importance of environmental issues in the future of our societies questions faith in the possibility of infinite growth, as well as the notion of progress associated with it.
In this context, advertising is sometimes questioned when seeking an economic and consumer model that is cleaner and less wasteful in its impacts on the environment; less in terms of the economic, cultural and democratic stakes attached to it than in its content.
In an opinion that the Council for Advertising Ethics (CEP) has just adopted, it analyses new societal expectations in relation to ecological issues and the emergence of responsible consumption and circular economy. The Council has observed that the theme of "over-consumption" is used in institutional and professional reflections on advertising self-regulation.
Nevertheless, the organisation notes that the new ideology that will replace the credo of happiness with consumerism is not without raising theoretical questions of a philosophical, social and political nature. Thus, the very strong subjectivity of the notions of "over-consumption" and "excessive consumption" remains a major obstacle to regulating their representation.
Nevertheless, the Advertising Ethics Council has concluded that companies should not ignore this obvious social demand, and that it is up to them, as responsible socio-economic actors, to question messages that are perceived negatively.

Convinced of the ability of advertising to create desires, to value innovation and to transform attitudes into behaviour, the Council suggests that self-discipline should continue to accompany the transitional dynamics desired by many consumers. This can be accomplished by allowing the dissemination of messages that will facilitate behavioural change, given that advertising remains fair, truthful and understandable to a wide audience.
Read more here.

Guidance on the Use of Cookies
On 8 November 2019, the Spanish data protection authority (the Agencia Española de Protección de Datos) updated its guidance on the use of cookies. The new text has been drafted in collaboration with AUTOCONTROL, the Spanish Association of Advertisers, the Spanish Association of the Digital Economy, and IAB Spain.
The document provides guidelines and solutions to help companies to comply with the regulation on cookies in connection with the General Data Protection Regulation.
The document contains a non-exhaustive list of types of cookies and gives several examples of exempted cookies, which include those cookies that allow the management of advertising spaces as an element of design of the service, provided that they are not used for any other purposes.
It also gives examples that help to understand how to integrate the mechanisms of acceptance, configuration and rejection of cookies in a layered information system. Although it is up to publishers to assess the degree of granularity, cookies should at least be classified by purpose (for example, a user might accept analytical cookies, but not behavioral advertising cookies).
It is also possible to obtain consent through a user's conduct that constitutes a clear affirmative action, including continuing to use the website, although this option is reinforced with respect to the way in which it was accepted prior to the General Data Protection Regulation. Greater visibility of the message is required, so that there is security that the warning has not gone unnoticed by users; and users must be able to configure and reject cookies before they are installed (also, there must necessarily be a way for the user to reject all cookies at the same time). However, the text acknowledges that this form of obtaining consent may present greater difficulties of proof, since it will be necessary to assess the transparency of the information and the type of action required to give consent. In any case, the “continue using the website" option is not compatible with those cases where the General Data Protection Regulation requires explicit consent (e.g. when special categories of data are processed).
The guidance also contains provisions and examples regarding the children’s consent. As a general recommendation, it indicates that profiling of children for direct marketing purposes should be avoided.
Throughout the text, various provisions on liability are made. This matter becomes particularly relevant and complex when third party cookies are used and, especially, when there is joint controllership.
AUTOCONTROL has been working since 2013, supporting the advertising industry in complying with the cookie regulations through its Cookie Advice® service which consists of a technical and legal consultancy adapted to the new Cookie Guide. It has also organised an exclusive seminar for partners to inform about its content and will hold several practical workshops in Madrid and Barcelona, aimed at the exhaustive analysis of the Guide and its practical application.

Advertising Council / JEP Participates in Wallonia’s Media Regulator CSA’s Event for YouTubers

On 24 October 2019, Wallonia’s Media Regulator CSA’s organised MeetYou, its first gathering with French-speaking YouTubers. 

The Advertising Council / JEP was invited to the panel on how to stay authentic when collaborating with brands to present its Guidelines on Influencer Marketing as best practice with regard to identification and transparency of commercial communications.
More information will be available here soon: https://regulation.be/.

High Profile Cross-border Case: Bicky Burger

Early October, JEP received nearly 700 complaints about a Facebook ad for the hamburger brand Bicky Burger owned by the Dutch company GoodLife Foods B.V. which depicted a man hitting a woman in the face because she brought him a “fake Bicky” burger.

The case received a lot of media attention both nationally and internationally. Complaints and queries were received not only from the general public and NGOs, but also from various ministers.

According to EASA's cross-border complaints referral rules for digital marketing communications, a selection of representative complaints was transferred to the SRO of the country of origin of the advertiser, namely our colleagues Stichting Reclame Code. This has also been the case for online ads by this advertiser previously.

Thanks to an excellent cooperation with the colleagues from SRC, the case was treated with urgency and the complaints were swiftly upheld.

Whilst this is an unfortunate case on many levels, it is a good example of EASA's cross-border complaints referral system, which is based upon the country of origin principle and functions excellently - even in sensitive situations at the national level where reverting to the country of destination principle might seem the easier option. EASA’s cbc-system was duly mentioned in press articles following the publication of the decision.

See for JEP’s announcement of the Dutch SRO’s decision (in French): here and for the Advertising Council’s press release (in French): here.

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Russian AMI “Advertising Council” Gaining Momentum

Alexey Kovylov, the representative of the Russian SRO Reklamny Sovet, was included in the Joint working group on the Government, including the FAS and industry experts, on reviewing the legislative norms to establish easier legal conditions for advertising industry (“regulatory guillotine”).
Thus far, Reklamny Sovet Jury has reviewed 34 claims by organizations and citizens from different regions of Russia and published it’s decisions on the SRO's website.

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EACA Announces New Representatives for 2019-2021

During EACA’s Annual Meetings, EACA members elected their new Council Chairs and subsequent members of the Management Committee and the Board of Directors. EACA’s Management Committee is comprised of eight corporate members and eight association members.

Read more about the representatives here.

62 Finalists Shortlisted for the IMC European Awards 2019

Access the full list of finalists here.

EACA’s Director General Tamara Daltroff Acts as a Jury Member in the 2019 Care Awards hosted by Act Responsible

Check out the winners here.

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Europe Analytica Celebrates its 20th Anniversary

Founded by Angela Mills Wade, who is also the Executive Director of the European Publishers Council, Europe Analytica celebrated its 20th anniversary on 5 November. The Brussels-based public affairs consultancy is specialised in the cultural and creative industries, working across many sectors to provide solutions while maintaining a high code of ethics.​ Representatives from EASA were happy to celebrate the event together with other industry professionals. 

FEDMA Event at the European Parliament

On 18 November, the Federation of European Direct and Interactive Marketing and MEP Jeroen Lenaers organised an event at the European Parliament to discuss consumer trust, industry self-regulation and the future of EU digital legislation. The main discussion topics were industry self-regulatory tools to sustain user’s trust and the challenges in developing future balanced digital policies. EASA's Director General Lucas Boudet was also present at the event. 

Read more here.

EDAA Consumer Research 

EDAA has published the results of its latest consumer research on perceptions and attitudes towards digital advertising post-GDPR. This consumer research was conducted in March 2019 in France, Germany, Poland, Spain & the UK to explore consumer attitudes and perceptions towards online advertising and determine how these may have changed since the introduction of GDPR.  Read the full report here.

For the third year, EDAA has also commissioned EASA to produce a report on European online behavioural advertising complaints. This edition contributes to a better understanding of consumer complaints and enforcement. Not only does it provide data collected by SROs over the past year but also features trends over a three-year period.

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