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26 January, 2022
“You should go spear-finding with data. You should not be throwing a net out into the ocean, pulling everything in and hoping your...
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Until 2020, there was an equivalence (Privacy Shield) recognized by the European Union between the American and European legislations. Concretely, this text indicated that the level of protection offered by the American legislation was in line with the one required by the European GDPR law. However, this equivalence no longer exists as of 2020, which makes data export from Europe to the United States a real issue.
American digital service providers, such as Google, have implemented control measures to regulate data transfers. However, according to the CNIL (Commission Nationale de l’Informatique et des Libertés), these are not efficient enough.
Today, according to the CNIL, data transfers from Europeans to Americans servers under the current conditions are no longer legal.
Even without being at the heart of the conversations between the CNIL and Google, it is still possible to assume that the risks for advertisers are low:
For advertisers, the consequences of this decision aren't dramatic either. If you really want to limit your exposure, you can opt for a server-side tagging service with servers and service providers based in Europe, but this does not seem necessary at the moment.
On the other hand, the change of context in which this decision takes place is real and not without danger: the collection and processing of data will be more and more supervised and subject to the approval of the user (which is a good thing).
Not really. Rather than focusing on this CNIL decision, we should start asking ourselves: how should I adapt my entire digital distribution to this changing environment, moving towards the prevalence of so-called “first-party” data and not based on cookies?
There are solutions that advertisers under-estimate:
Let’s summarize our recommendations. Don't panic, there are still so many things you can do to boost your digital business. You don't control the CNIL, but you have the power to put these things in place. Why don't you start now?
By Ronan Carrein
24 Feb, 2022