Australian advertisers must regulate or be regulated

By Rosie Baker | 5 November 2013
 
ADMA chief executive, Jodie Sangster.

ADMA is overhauling its Code of Practice for members ahead of major changes to the Privacy Act due next March, part of a raft of self-regulation steps being taken across the industry so that Australian marketers can avoid the kind of restrictive legislation around the use of data and analytics being enforced across Europe and the US.

Already in the US, enhanced data privacy legislation is beginning to bite. AdAge reports that in the wake of changes to the Children’s Online Privacy Protection Act going into effect on 1 July, smaller publishers providing games and educational resources have seen their ad revenue “plummet”.

Locally, the changes to the Privacy Act will impact every aspect of marketing from data collection, use and analysis in CRM, targeting, digital marketing, as well as data security. Advertisers need to be aware of the impending rule changes for two main reasons, according to ADMA chief executive Jodie Sangster. Firstly, to protect brand reputation, and secondly, to avoid more onerous European-style legislation – something she says could have damaging knock-on effects for consumers, advertisers and the economy.

“If we as an industry aren’t responsible, complaints and [negative] media will be generated, and what will follow will be much stricter legislation,” she said. “In Australia we have reasonably sensible and balanced privacy laws that recognise the needs of businesses to use data but also protect consumers. We don’t want to go down the path that Europe’s taken where there is no balance and the consumer controls all the data. That’s not good for anyone. It’s not good for business and it’s not good for consumers. It’s a loselose. We want a win-win where customers get a great experience and businesses can use data.”

The new Code will replace the current set of guidelines which has been in place since 1999. The overhaul follows the introduction of ‘Data Pass’, an accreditation and training scheme that offers agencies and brands a way to vouch for their capabilities in data handling and demonstrate their commitment to handling data responsibly. Agencies that have undertaken training and passed a test on data privacy and security can display an ADMA-branded logo.

This article first appeared in the 1 November 2013 edition of AdNews, in print and on iPad. Click here to subscribe for more news, features and opinion.

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