The EU Digital Markets Act (DMA): A Game-Changer for Digital Marketing

One key feature that will play a crucial role in ensuring compliance and maintaining effective marketing practices is Google's Consent Mode. In this blog post, I will explore—with insightful contributions from my colleagues Asli Yidiz, Deborah Widdick and Valentina Villino—the impact of the DMA on digital marketing and delve into the details of utilizing Google’s Consent Mode.

Understanding the DMA.

The Digital Markets Act is a legislative framework developed by the European Union to address the challenges posed by dominant online platforms—or, gatekeepers—and ensure fair competition in the digital market. It aims to regulate the behavior of tech giants, prevent unfair practices, and safeguard user rights. The DMA will introduce stricter rules for digital services, including requirements for transparency, interoperability and non-discriminatory access.

Specifically on consent for marketing, recital 37 of the DMA states that “When the gatekeeper requests consent, it should proactively present a user-friendly solution to the end user to provide, modify or withdraw consent in an explicit, clear and straightforward manner.” In other words, collecting user consent should now better inform how gatekeepers respect choices in collecting and processing user data and offering personalized online experiences.

The act’s impact on digital marketing. 

The DMA will have a profound impact on how businesses approach digital marketing strategies. One of the main areas of focus is users' privacy and acting with valid consent defined in GDPR. The act places a stronger emphasis on user consent and control over personal data, especially when it comes to personalizing online experiences based on user data and preferences. It requires businesses to obtain explicit consent from users for data processing activities, ensuring transparency and empowering individuals to make informed decisions about their data.

One can see the DMA as an extension of the GDPR, where the gatekeepers, also known as “the Big 6” (Google, Amazon, Apple, ByteDance, Meta, Microsoft), need to guarantee that they will provide the right options for consent collection and processing of personal data.

What does this mean for my advertising campaigns?

The DMA mandates that without appropriate measures, our capacity as marketers to retarget within advertising campaigns could be significantly restricted. Due to this regulation, each phase of our audience strategy funnel could suffer. The absence of retargeting lists implies:

• Many customers, who use exclusion retargeting lists to avoid targeting already converted users, might end up wasting a portion of their budget.
   
• The restricted segmentation options hinder our ability to deliver diverse personalized experiences. Consequently, marketing messages become generic, which results in decreased click-through rates and reduced engagement in ad campaigns.
   
• The lack of retargeting lists also presents challenges for businesses aiming to identify cross-selling or upselling opportunities by analyzing purchase histories and customer interactions.
   
• Without retargeting lists, leveraging similar audiences in social media, for instance, becomes infeasible.

Ultimately, this may impact the ROI we can achieve from our advertising campaigns, making it more challenging for marketing departments to demonstrate the value of their paid media campaigns in driving results for their business.

Given that our ability to retarget our audiences based on website activity signals will be affected, we need to consider how audience strategies should evolve in 2024 to ensure that we:

• Continue to test methods to generate value for our businesses through paid media campaigns, despite the new limitations on existing audiences.
   
• Actively plan for how to adapt reporting and establish new benchmarks that accommodate these regulatory changes.

The importance of Consent Mode in these times.

Google introduced Consent Mode as a privacy-friendly tool that enables businesses to adapt to the changing landscape of user consent requirements. This API provides a framework for obtaining and managing user consent across various Google advertising products, including Google Analytics 4, DV360, SA360 or CM360.

In a digital marketing ecosystem where brands use Google products for marketing performance measurement and advertising, the Consent Mode tool offers the following benefits:

• Enhanced user experience: Consent Mode allows businesses to deliver personalized and relevant ads to users who have provided consent. This targeted approach enhances the user experience, ensuring that ads align with the user's consent, interests and preferences.
   
• Improved compliance: Consent Mode enables businesses to meet the stringent requirements for user consent outlined in the DMA. By implementing this feature, businesses can ensure that their marketing practices are compliant with the legislation, avoiding potential penalties and reputational damage.
   
• Optimal performance and measurement: With Consent Mode, businesses can optimize their ad campaigns and accurately measure their performance while respecting user consent preferences. It allows for the use of aggregated data that maintains the anonymity of individual users, striking a balance between effective marketing and privacy protection.

Preparing for the Digital Markets Act. 

To prepare for this significant shift in March 2024 and work towards compliance, businesses can take the following steps:

• Familiarize yourself with the DMA: Gain a thorough understanding of the legislation's requirements, particularly regarding data privacy, user consent and fair competition. Stay updated on any changes or guidelines issued by regulatory bodies.
   
• Implement Consent Mode: Integrate Google's Consent Mode into your digital marketing strategy. This will enable you to adapt to evolving user consent preferences, deliver personalized ads, and stay compliant with the DMA. This is best achieved with Google Tag Manager or the Google Tag (gtag.js).
   
• Review and update privacy policies: Ensure your privacy policies are clear, transparent and aligned with the DMA's requirements. Provide detailed information on data processing activities, user rights, and how consent is obtained and managed.
   
• Educate and train your team: Educate your marketing and advertising teams about the DMA and the importance of complying with the new regulations. Train them on the proper use of Consent Mode and how to navigate the changing landscape of user consent.

In short, the DMA represents a significant milestone in the regulation of the digital market. As businesses prepare for its implementation early next year, understanding the impact on digital marketing strategies is crucial. Ultimately, leveraging tools like Consent Mode can help brands adapt to the changing privacy landscape and build trust with their audience in the digital realm.

Download our whitepaper below to get a quick guide on navigating the new DMA legislation.