Learn more about what the Digital Markets Act (DMA) means for your business
Param Gopalasamy
Content Marketing Specialist, CIPP/E, CIPP/US, CIPM
March 25, 2024
The Digital Markets Act took full effect on March 6, 2024. What does this mean for your organization? The DMA was passed in the EU to make the digital ecosystem a fairer arena. As a part of this legislation, the DMA has identified “gatekeepers” in the digital space.
The list of gatekeepers is as follows:
| Alphabet | Amazon | Apple |
|---|---|---|
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| ByteDance | Meta | Microsoft |
|---|---|---|
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With the DMA in place, gatekeepers will have the following obligations.
| Gatekeeper's Dos: | Gatekeeper's Don'ts: |
|---|---|
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The European Commission will be the governing body for the DMA, and it will classify additional companies as gatekeepers when it sees fit, update gatekeeper obligations as digital markets evolve, and design remedies to prevent companies from repeatedly breaking the rules in place.
There are penalties in place for non-compliance, which include up to 10% of the company’s global annual revenue for one infringement, and up to 20% for multiple infringements.
In addition to the penalties, gatekeepers may be subject to further financial ramifications, proportional to the offense committed. There is also a possibility for non-financial remedies, which could include restructuring of the business or changing certain processes to ensure compliance.
Along with the changes brought about by the DMA, the rest of the digital advertising industry has also been at work raising the standards of personal privacy in the AdTech world.
The IAB Transparency and Consent Framework (TCF) is a set of technical specifications that helps organizations comply with the GDPR. IAB TCF updated its rules to version TCF 2.2, which made changes to the collection of data and consent reflecting recent legal rulings. Notably, “legitimate interest” was removed as a basis for collecting personal data for targeted advertising and personalized content. Explicit consent must be collected to go about delivering these experiences.
TCF 2.2 has also recommended more transparency to end users, with more detailed descriptions of how data is being processed and the purpose for which it’s being used. This also includes having an easily accessible CMP interface for users to change their consent and preferences if required. Along with these changes, IAB TCF has also updated a few technical matters, deprecating the getTCData command and requiring vendors to use the TC string.
Google has announced an update to its Consent Mode, which now includes two more fields of information along with allowing the consent string to support approved vendors, as well as interoperability of CMPs that support IAB TCF 2.2 and Consent Mode v2. Along with this, Google also released a list of approved CMP vendors that meet their new requirements in order to deliver ads on AdSense, AdMob, or Ad Manager.
Gatekeeper organizations must update their processes in accordance with the DMA’s “do’s and don’ts” to avoid any penalties of non-compliance and honor user privacy.
If your organization advertises on any of the gatekeeper platforms listed above, you’ll need to ensure you collect user consent and preferences in a compliant manner. To do so, consider the three steps below:
A consent and preferences solution is the best way to not only ensure compliance when collecting data, but also enables you to activate first-party data to deliver highly segmented personalized experiences to your audience.
In the realm of digital marketing, managing consent and preferences across various channels can be a complex challenge. However, with OneTrust Consent & Preferences, organizations can simplify this process significantly and enhance the value of their marketing programs. This powerful tool offers a comprehensive solution to streamline consent management and align with privacy regulations, effectively turning compliance into a competitive advantage.
Starting with a thorough scan and audit of your website, OneTrust Consent & Preferences meticulously maps out the flow of consent data, ensuring that every touchpoint is accounted for. This initial step lays the foundation for creating customized consent banners that not only comply with legal requirements but also align with your brand’s aesthetic and messaging. Beyond just capturing consent, OneTrust centralizes your consent data repository, meticulously recording each consent instance with its date, time, and purpose, alongside the corresponding consent policy. This level of detail ensures transparency and accountability, critical components in building trust with your audience.
Integration capabilities of OneTrust Consent & Preferences are a key feature. It seamlessly integrates with every major system in your marketing tech stack, enabling powerful and compliant campaigns across all channels. The platform also offers intuitive preference management for authorized users, making it easier to tailor marketing efforts to individual user preferences and consent choices.
By implementing these steps, organizations can deliver personalized experiences that prioritize privacy, demonstrating a clear commitment to respecting user preferences and building trust. In an era where data privacy is paramount, leveraging OneTrust Consent & Preferences not only ensures compliance but also positions your brand as a trusted leader in privacy-first marketing strategies.
To learn more about how OneTrust Consent & Preferences can work in your environment, request a demo today.
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Watch our masterclass webinar for a deep dive on sensitive personal information (SPI) and best practices for compliance.
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Watch this webinar to learn about US consumer privacy rights in 2023 and practical steps you can take to make compliance.
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Watch this webinar and prepare for compliance with the CPRA's employee rights requirements.
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Attend our webinar, to better understand privacy laws in the US.
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Watch our webinar as we discuss privacy impact assessments and how they relate to US privacy laws.
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Watch our US Privacy Law masterclass to learn about opt-out of sales and share requirements and best practices for approaching compliance.
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As part of our Privacy Automation webinar series, we discuss why it's important to automate DSAR fulfillment and the latest regulatory trends.
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Join us for this instalment of our Future of Privacy Automation Series for a discussion of the challenges, key components, and building blocks of DSAR automation.
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In this webinar, learn about the risks of unstructured data and effective strategies in automating discovery.
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Join CrossCountry Consulting and OneTrust to learn everything you need to get the fundamentals of building a privacy program.
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Watch our webinar on US privacy laws and gain insight on effective personal information managment strategies.
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Join LevelUp and OneTrust to learn everything you need to get started in building or improving an existing privacy program.
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Join Red Clover Advisors and OneTrust to learn everything you need to get the fundamentals of building a privacy program.
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Watch this free webinar and learn about the recent Austrain DSB ruling on Google Analytics and the implicactions on data transfers under the GDPR.
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Watch our webinar on global data residency requirements and learn about their implications and challenges.
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Watch this webinar and learn how to achieve real time visibility into you data and the policies for an effective privacy program.
Infographic
Automate your privacy program and reduce manual inefficiencies
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Watch this webinar where we discuss the Israel Privacy Protection Bill, its proposed amendments, and what it means for your organization.
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Join us for an overview of US privacy laws and strategies for dealing with compliance.
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In this free webinar, learn how to automate the classification and mapping of sensitive data and speed compliance.
eBook
The CPRA enters into effect on Jan 1, 2023 expanding the CCPA's requirements. This eBook outlines the next steps from CCPA to CPRA compliance.
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Prepare for 2022 Trends in Third-Party Risk Management and future-proof your Third-Party Trust program.
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In the first part of our US Privacy Series, we discuss US privacy laws such as the CPRA and best practices towards compliance.
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Watch our webinar on implementing account deletion for iOS apps and best practices.
Checklist
Download the checklist and discover the steps you can take to automate critical processes across your privacy program.
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Learn the benefits of using Google Consent Mode with the OneTrust CMP (Cookie Consent) to balance compliance and marketing objectives.
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Watch this webinar to learn about Global Privacy Control (GPC), how it centralizes user opt-out preferences, and streamlines compliance with CCPA and CPRA.
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As organizations become more data-driven, one of their biggest challenges is managing data retention strategies.
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Prepare for privacy and security incidents by building an incident management playbook.
Infographic
Download this infographic comparing the Virginia CDPA to the California CCPA.
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Join the OneTrust DataGuidance privacy analyst team for a deep-dive webinar examining Japan's APPI and what it means for organizations.
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Access this free webinar to learn how to be a trusted vendor.
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Join this webinar to hear more about the UK Adequacy Decision and what it means for data flows between the UK and the EU.
eBook
Download the Ultimate Guide to Privacy Management to understand the major factors that contribute to a privacy management program.
Video
Watch this demo video to learn how OneTrust Consent and Preference Management Cloud streamlines the consent lifecycle and accelerates fulfillment.
White Paper
Download our white paper and learn about OneTrust's Privacy Governance Framework and how it can serve as a blueprint for your privacy program.
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Join this US Privacy Masterclass series as we delve into the evolving US privacy landscape and how you can build a trust-based privacy program in 2023.
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Watch the OneTrust US Privacy Masterclass series and gain insight on the major US privacy law and best practices.
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Join OneTrust and expert speakers from PA Consulting for a webinar series discussing the need-to-knows for creating a successful privacy management program in your organization.
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Learn how to mature your data privacy program beyond reactive compliance to become a strategic enabler for your business.
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OneTrust DataGuidance and Sidley are joined by industry experts for the annual Data Protection in Financial Services Week.
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Join our webinar to learn how to effectively manage DSARs and comply with Quebec's Law 25, ensuring your organization meets customer and regulatory expectations.
