Introduction In today’s digital ecosystem, data privacy and protection are paramount concerns for advertisers, publishers, and users alike. The General Data Protection Regulation (GDPR) is a regulatory framework designed to give European Economic Area (EEA) citizens greater control over their personal data. As a leader in media technology, Amagi is committed to ensuring compliance and transparency in data handling. This article provides an overview of GDPR and its impact on the digital advertising industry.

What is GDPR? The General Data Protection Regulation (GDPR) is an EU data protection law that came into effect on May 25, 2018, replacing the Data Protection Directive 95/46/EC. The GDPR establishes uniform data privacy standards across the EEA and governs how personal data is collected, stored, and processed. Personal data under GDPR includes identifiers such as IP addresses, mobile device IDs, location data, and any information linked to an individual.

GDPR is built on seven core principles:

  1. Purpose Limitation – Data should only be collected for a specific, legitimate purpose.
  2. Data Minimization – Only the necessary data should be collected and processed.
  3. Accountability – Organizations must demonstrate compliance with GDPR.
  4. Data Retention Limits – Personal data should not be stored longer than necessary.
  5. Fair, Lawful & Transparent Processing – Users must be informed about how their data is used.
  6. Data Security – Strong measures should be in place to protect data from breaches.
  7. Accuracy – Organizations must ensure the accuracy of collected data.

Who Does GDPR Apply To? GDPR applies to:

  • EEA-based companies that process personal data.
  • Non-EEA companies that offer goods/services to EEA users or monitor their behavior.

Any digital publisher with properties accessible to EEA users must ensure GDPR compliance.

Key GDPR Requirements To comply with GDPR, companies must implement the following measures:

  1. Record of Processing Activities (RPA): Maintain documentation on personal data processing, recipients, transfer locations, and retention periods.
  2. Data Processing Agreement (DPA): If processing involves third parties, a DPA must outline responsibilities, security policies, and compliance measures.
  3. Data Policies & Notices: Update privacy policies to provide clear details on data collection, retention, and security.
  4. Privacy by Design: Embed data protection principles in the development of new products and services.
  5. Data Protection Officer (DPO): Appoint a DPO if large-scale monitoring of user data occurs.
  6. User Consent: If relying on consent, ensure it is specific, informed, unambiguous, and freely given.
  7. International Data Transfers: Use mechanisms such as Privacy Shield, Standard Contractual Clauses, or Binding Corporate Rules for cross-border data transfers.
  8. Profiling & Automated Processing: Users must have the right to opt out of automated profiling used for marketing or decision-making.

What Are the Penalties for Non-Compliance? Failure to comply with GDPR can result in fines of up to €10 million or 2% of global revenue, whichever is higher. Severe breaches can attract penalties of €20 million or 4% of global revenue.

What is the ePrivacy Regulation? The ePrivacy Regulation is a proposed law complementing GDPR, focusing on electronic communications, cookies, and digital marketing practices. It aims to regulate consent mechanisms for cookies and other tracking technologies.

How Should Companies Prepare for GDPR? Companies should establish internal compliance teams, conduct audits, and review data handling practices to align with GDPR requirements. Seeking legal guidance is recommended to ensure full compliance.

Amagi’s Commitment to GDPR Compliance At Amagi, we prioritize user data protection, transparency, and compliance with GDPR regulations. Our solutions help media partners navigate regulatory challenges and implement best practices for responsible data processing.