ADVOCACY
EACA represents the interests of communications agencies in Europe. We address our members’ regulatory concerns both at the European and the national level and ensure that their voice is heard by decision-makers. We monitor closely policy debates around advertising, form industry coalitions and engage in pro-active advocacy strategies that promote evidence-based and proportionate regulation.
The main policy areas EACA is currently focusing on:
Alcohol advertising is one of the most regulated forms of marketing. While in some countries almost all forms of alcohol advertising are banned, other countries have developed detailed and strict self-regulatory advertising codes for alcohol advertising.
Rules for alcohol marketing communications are stringent especially relating to minors. There are also considerable restrictions in the use of media for alcohol advertising in most European countries. 25 EU member states already have in place stricter rules than those at the EU level. The advertising industry has developed a range of successful and effective self-regulatory principles.
EACA advocates for responsible marketing and for clear reference to self-regulation in all EU legislation.
On 2 October 2018, the European Parliament adopted the revised Audiovisual Media Services Directive (AVMSD). It extends rules that have so far only applied to TV broadcast services to digital video-sharing platforms such as YouTube, Netflix and BBC. This will impact agencies’ possibilities to place advertising next to content on such platforms.
The vote ended a two-year negotiation process since the publication of the initial proposal in May 2016. During this time, EACA actively engaged with decision-makers to promote agencies’ interests. Member States now have approximately two years to transpose the directive into their national laws.
Advertising to children is a very sensitive issue and subject to specific limitations and standards. The General Data Protection Regulation sets rules on the processing of children's personal data, including requirements for clear informative language and parental consent. The Audiovisual Media Services Directive, which is currently being reformulated, regulates TV advertising.
In order to keep up to date with the latest developments in relation to marketing and children, EACA engages in the Responsible Advertising and Children (RAC) programme, which brings together 20 brands in addition to agencies and the media at a global level for quarterly meetings in Brussels.
The Commission has proposed new legislation in March 2018 emphasising the need for a new tax framework that is up-to-date with digital business models. The proposals take the form of two directives, which are to be transposed in the EU member states.
Read EACA's comments on the European Commission's proposals
Read EACA's press release on the European Commission's proposals
The ePrivacy Directive particularises and complements the data protection regulatory framework by setting-up specific rules concerning data confidentiality in the electronic communication sector. It is also ‘responsible’ for cookie banners often seen on different websites.
The new General Data Protection Regulation (GDPR) was adopted in April 2016, and will replace the current Data Protection Directive to ensure modernised rules are fit for the digital age.
Given that the ePrivacy Directive complements the GDPR, it is currently reviewed and revised. The European Commission proposed the ePrivacy Regulation to replace it which is currently under discussion. EACA represents the interests of our members while the review process is ongoing.
Read joint industry position letters (1 - 2)
EACA welcomes the European Commission’s initiative to organise public discussion and to raise awareness of the phenomenon of fake news and online disinformation. The exploitation of online advertising on fake news websites causes reputational concerns for publishers, brands, advertisers and numerous players in the digital advertising value chain. Furthermore, since online advertising is the main source of revenue for the diverse media landscape in Europe, we want to work towards ensuring that we support quality journalism and cutting off the financial incentives to fake news providers. During summer 2018, EACA participated in the European Commission's Multi-stakeholder Forum, developing a Code of Practice to more efficiently and effectively tackle fake news. It was officially handed over in October.
Read EACA's news on the Code of Practice
Read EACA's joint industry position paper
Read EACA's press release on the European Commission's Communication on disinformation
“Follow the money” is an initiative of the European Commission aimed at disrupting the advertising-based revenue flow for commercial-scale IP-infringing activities through voluntary agreements. EACA signed the memorandum on 25 June 2018, committing to encouraging its members to sign the MoU and to minimise the placement of advertising on websites and mobile applications that infringe copyright or that disseminate counterfeit goods on a commercial scale. The effectiveness of the MoU is monitored quarterly for a one-year assessment period.
EACA members are committed to responsible advertising standards including the prevention of gender stereotypes. For this reason, EACA has joined the United Nations' Unstereotype Alliance.
As one project under the Alliance, EACA and its European Institute for Commercial Communications Education (edcom) have launched a call for entries for the eleventh annual advertising student competition, Ad Venture, in collaboration with Let Toys Be Toys. The aim of the campaign is to motivate parents to challenge gender stereotyped marketing aimed at children.
EACA and our members are very active on all data protection files as data processing is crucial for the advertising business. The GDPR is a new legal instrument of the EU regulating the protection of personal data. It entered into force on 25 May 2018. EACA participates in consultations regarding the interpretation of the rules and facilitates the implementation of the new requirements with our members.
Read EACA's response to the guidelines on profiling (wp251)
Read EACA's response to the guidelines on consent (wp259)
Watch EACA's webinar 'What agencies should know about the GDPR'
Read EACA's guidelines 'What agencies should know about the GDPR'
In April 2018, the European Commission released its 'New Deal for Consumers' package which introduces amendments to four existing Directives, including the Unfair Consumer Practices Directive (UCPD) and the Consumer Rights Directive (CRS) (“the Omnibus Directive). In addition, the package includes a new Directive on collective redress.
Whereas EACA perceives the consequences of the proposal on communications agencies to be of rather indirect nature, EACA has prepared a position paper touching on a few concerns by the membership. EACA also engages with other advertising industry stakeholders to advocate for balanced solutions.
In April 2018, the European Commission released the Draft Regulation on promoting fairness and transparency for business users of online intermediation services. EACA endorses the proposed rules concerning terms and conditions, transparency around ranking and availability of redress.
However, EACA is disappointed at the Commission’s lack of ambition regarding the scope of the legislation. Under the current proposal, only a very narrowly defined set of business users would be able to benefit from increased transparency and fairness. Advertising and media agencies that work closely with these intermediation service providers must also be able to rely on fair, transparent and balanced trading practices and to make sure that the data given by providers of online intermediation services is verifiable.
Read EACA's response to the European Commission's inception impact assessment
Read EACA's press release on the European Commission's proposal
