EPC Urges Full Application of GDPR Risk-Based Approach in Digital Omnibus to Support Media Sustainability

EPC acknowledges the publication today of the European Digital Omnibus by the European Commission. The proposal aims to simplify the current European data and privacy framework in a manner intended to support publishers and strengthen users’ trust online.

EPC welcomes the Commission’s recognition of the vital role of independent journalism in European democratic societies and the need for publishers to continue engaging directly with their readers, without interference from intermediaries.

While EPC supports the objective of simplification, it regrets that the proposal does not go far enough to reinforce the sustainability of independent journalism.

In seeking to clarify the interplay between the ePrivacy Directive and the GDPR, the Commission stops short of applying the full GDPR framework to personal data collected on Europeans’ terminal equipment. The failure to extend the GDPR’s risk based approach denies publishers the flexibility required to invest in privacy enhancing innovation and to ensure that data processing remains proportionate, transparent and aligned with user expectations.

Angela Mills Wade, Executive Director of the EPC, said “While we welcome the recognition of the central role of independent journalism and the need for publishers to engage directly with their readers, preventing publishers from using the GDPR’s risk based approach for lawful data processing stifles innovation in the development of privacy responsible business models that sustain independent journalism. This is a missed opportunity that restricts publishers’ ability to compete fairly with the major platforms, even as the largest gatekeepers continue to exploit extensive datasets gathered from across the wider web.”

EPC looks forward to engaging with the European Parliament and the Member States as negotiations on the proposal progress. In addition to the data privacy elements in the Digital Omnibus, EPC will contribute to discussions on other parts of the Omnibus, including the proposed revisions to the Data Act and on the application of the GDPR to the development of artificial intelligence.