Marketing legislation & regulations: what can we expect in 2023?

Changes Marketing legislation  in legislation and regulations have reshap marketing in recent years. Think of the introduction of the GDPR or the change in the Telecommunications Act from opt-out to opt-in. Last year, marketing worldwide was fac with a number of important changes in regulations. Think for example of the announcement of the new Data Privacy Framework (DPF) that is to regulate the exchange of data between the EU and the US. Or the Digital Services Act and Digital Markets Act, which impose more rules on large online platforms around advertising.

Better enforcement
Let’s start with enforcement, because that is not always going smoothly. In the Netherlands, the Dutch Data Protection Authority (AP) is, according to some, too passive and does not handle complaints properly . But the Netherlands is not the only country where the supervisory authority is failing. Throughout Europe, supervisory authorities are still failing to properly enforce the GDPR, according to Max Schrems of the privacy organization noyb.

Clarification from the PB

For example, Schrems states that the lenient Irish supervisory authority takes a very long time to settle cases and uses a ‘business-friendly’ interpretation of the GDPR. Schrems certainly has a point here, but as mention earlier, the same Irish supervisory authority did impose a fine on Meta. This happen under pressure from the European Data Protection Board (PB), an umbrella organization of European privacy supervisors. The clarification from the PB will hopefully lead to more effective enforcement. In order to improve enforcement, the European Commission has announc that a new law will be introduc this summer that should ensure that Member States can better enforce compliance with the GDPR .

New regulations
The fact that enforcement has proven difficult does not mean that nothing is happening in terms of creating more or better regulation in Europe. For example, this year the AI ​​Act will be vot on , an addition to the GDPR in the field of AI. In this law, implementations of AI are assess for possible consequences for society.

Given the interest in AI in marketing, this is nigerian email list 2.6 million contact leads definitely something for marketers to keep an eye on. There’s also the Data Governance Act , which comes into effect on September 24. This initiative aims to make more data available in Europe and pave the way for data sharing across sectors and between EU member states.

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Also read: Collecting marketing data without third-party cookies? This is how you do it!

ePrivacy
Also likely to come into force this year is the ePrivacy choosing the right marketing automation platform choosing the right marketing automation platform Regulation, which replaces the outdat 2002 ePrivacy Directive. This law sets out privacy rules for all forms of digital communication, such as aob directory text messages, chats and social mia, which have not been sufficiently cover by EU law until now. This includes platforms such as Twitter, Instagram, Facebook, TikTok and WhatsApp.

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