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What Brexit means for marketers - Q&A

 

UK marketing industry’s voice in Europe

Who will be lobbying the EU on behalf of the industry now?
The DMA will continue to take a pro-active role in both London and Brussels over the coming months, discussing the issues that matter to our members. We will also continue to play an active role in FEDMA, to ensure the UK marketing industry’s voice is heard in Brussels throughout.

Will the DMA remain an active part of FEDMA?
The DMA will continue to play an active role in FEDMA, ensuring the UK marketing industry’s voice is heard on key issues such as data protection and the GDPR. We will also continue to take a pro-active role with UK bodies like the ICO. The UK’s ICO has always worked closely with other national data protection authorities in other countries both inside and outside the EU on a bilateral basis and this will continue to be the case.

 

Brexit’s impact on GDPR

Does Brexit mean the industry won’t be affected by GDPR?
Leaving the EU does not mean UK marketers should abandon the route to compliance with the GDPR. The UK will want to continue trading with the EU, so our data protection law will need to be broadly equivalent to existing legislation.

Does Brexit mean GDPR will only affect the UK for the next two years?
The new GDPR legislation is still due to come into force on 25 May 2018. While there is currently no fixed timetable for the UK’s, we will want to continue trading with the EU and so our data protection law will need to be broadly equivalent to the existing legislation.

Might we see amends to data protection regulations during the next two years, which we won’t have the power to affect?
The GDPR has completed its passage through Brussels and is now part of EU law, coming into force on 25 May 2018. The UK and DMA will continue to have an active role in discussions around the implementation of the GDPR in meetings with the national data protection authorities of the EU Member States. However, following the UK’s decision to leave the EU it is likely that this influence will diminish as we get closer to a formal exit.

How will we influence DP regulators if we’re not part of the EU conversation?
The DMA will continue to take a pro-active role in both London and Brussels to ensure the UK marketing industry’s voice is heard, including playing an active role in FEDMA through this period.

 

Future data protection and privacy laws

Will we lose our lobbying power with regard to updating the e-Privacy/Privacy in electronic Communications Directive?
The EU has only just started the process of revising this Directive, so substantive negotiations are only likely to start during the UK’s 2 year exit period from the EU. This means it is likely the UK government will lose its lobbying power, but the DMA will continue to take a pro-active role in both London and Brussels to ensure the UK marketing industry’s voice is heard throughout this period.

Can we continue to be part of the e-Privacy/Privacy in electronic Communications Directive discussions until Article 50 is invoked?
The DMA will continue to play an active role in the discussions around the e-Privacy/Privacy in electronic Communications Directive over the coming years. Even after Article 50 has been triggered we remain an EU member state until our formal exit, as such we will continue to take a pro-active role in Brussels and organisations like FEDMA.

Will businesses based in the UK need a version of Safe Harbour/Privacy Shield in order to trade data with EU?
This will all depend on the details of the deal that the UK negotiates with the EU over data transfers. It is likely that the UK will have to formally negotiate with EU to be granted ‘Adequacy’ status under the GDPR. If the UK is granted this status then UK businesses based in the UK will be able to trade data freely between the UK and the EU.

 

What Brexit mean for DMA members

How will the industry cope under an extended period of austerity?
As part of the campaign, George Osbourne indicated that a Brexit would mean renewed austerity. Austerity means cutting public sector investment, but in the years of austerity since 2008 the advertising and marketing sector has consistently performed strongly, growing every year. Brexit may well trigger a further recession, but many successful marketers have invested in times of recession and the impact on industry will depend on how business deals with the financial fallout of Brexit.

How will Brexit affect the UK’s data and digital economy? And its growth?
The UK is a world leader in digital and data-driven business, driving both the job market and economic growth. To continue to lead in this global industry we need to sustain our recruitment of talented developers, creatives and data analysts from around the world. We have a wealth of talent and STEM skills in the UK already, but we need to work hard to support and celebrate these talents to keep up with demand of the growing digital and data-driven economy.

My HQ is in Europe, rather than the UK – will my membership be affected?
Your membership will not be affected. We have a range of global businesses as members, so the location of your headquarters will not impact your being a member of the DMA.

Should UK businesses safeguard their future by developing relations outside of the EU?
This is a decision for businesses to take themselves and whether developing these relations is appropriate for them. The UK has voted to leave the Europe, but lengthy negotiations lie ahead, during which time the UK will remain an active member of the EU.

Will SMEs benefit from a reduction in red tape in terms of EU bureaucracy?
Many UK businesses will want to continue trading with the EU, which means we will need to put new trade deals in place. Currently we do not know how long these will take to negotiate or what the final results will include, so we will have to wait for our nation’s politicians to confirm the finer details over the coming months and years.

Will uncertainty within the EU mean that UK businesses cut investment and jobs?  
The DMA calls on businesses in our sector to make the necessary investments to operate in a fast-moving economy. Businesses need to continue to invest in their future, especially given the current pace of change. We do not recommend that UK businesses take this tact.

Will I still be able to travel freely to international conferences, after the two years is up?
As yet we do not know how travel will change under a Brexit. For all non-EU travel there will be no change. In a worst case scenario then border controls could be imposed throughout Europe that will apply to UK citizens. Before joining the Single Market UK citizens needed their passports to travel to each European country, but not usually visas. We may revert to this situation. However, once inside Europe free movement will be possible through Member States via the Schengen Agreement, where the free movement of people is guaranteed.

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