STUDY Requested by the IMCO committee Online advertising: the impact of targeted advertising on advertisers, market access and consumer choice Policy Department for Economic, Scientific and Quality of Life Policies Directorate-General for Internal Policies Authors: Niklas FOURBERG, Serpil TAŞ, Lukas WIEWIORRA, Ilsa GODLOVITCH, Alexandre DE STREEL, Hervé JACQUEMIN, Jordan HILL, Madalina NUNU, Camille BOURGUIGON, Florian JACQUES, Michèle LEDGER and Michael LOGNOUL PE 662.913 - June 2021 EN Online advertising: the impact of targeted advertising on advertisers, market access and consumer choice Abstract In this research paper, we provide a comprehensive overview of online advertising markets and we analyse the challenges and opportunities concerning digital advertising. We review the degree to which existing and proposed legislation at EU level addresses the identified problems, and identify potential solutions, with reference to experience from EU Member States and third countries. We conclude with a synthesis and specific policy recommendations, drawing on stakeholder interviews. This document was provided by the Policy Department for Economic, Scientific and Quality of Life Policies at the request of the committee on the Internal Market and Consumer Protection (IMCO). This document was requested by the European Parliament's committee on the Internal Market and Consumer Protection. AUTHORS WIK-Consult: Niklas FOURBERG, Serpil TAŞ, Lukas WIEWIORRA and Ilsa GODLOVITCH University of Namur: Alexandre DE STREEL, Hervé JACQUEMIN, Camille BOURGUIGON, Florian JACQUES, Michèle LEDGER and Michael LOGNOUL VVA: Jordan HILL and Madalina NUNU ADMINISTRATOR RESPONSIBLE Christina RATCLIFF EDITORIAL ASSISTANT Irene VERNACOTOLA LINGUISTIC VERSIONS Original: EN ABOUT THE EDITOR Policy departments provide in-house and external expertise to support European Parliament committees and other parliamentary bodies in shaping legislation and exercising democratic scrutiny over EU internal policies. To contact the Policy Department or to subscribe for email alert updates, please write to: Policy Department for Economic, Scientific and Quality of Life Policies European Parliament L-2929 - Luxembourg Email: [email protected] Manuscript completed: May 2021 Date of publication: June 2021 © European Union, 2021 This document is available on the internet at: http://www.europarl.europa.eu/supporting-analyses DISCLAIMER AND COPYRIGHT The opinions expressed in this document are the sole responsibility of the authors and do not necessarily represent the official position of the European Parliament. Reproduction and translation for non-commercial purposes are authorised, provided the source is acknowledged and the European Parliament is given prior notice and sent a copy. For citation purposes, the publication should be referenced as: Fourberg, N., Taş, S., Wiewiorra, L., Godlovitch, I., De Streel, A., Jacquemin, H., Hill, J., Nunu, M., Bourguigon, C., Jacques, F., Ledger, M., and Lognoul, M., 2021, Online advertising: the impact of targeted advertising on advertisers, market access and consumer choice, Publication for the committee on the Internal Market and Consumer Protection, Policy Department for Economic, Scientific and Quality of Life Policies, European Parliament, Luxembourg. © Cover image used under licence from Adobe Stock Online advertising: the impact of targeted advertising on advertisers, market access and consumer choice CONTENTS LIST OF BOXES 7 LIST OF FIGURES 8 LIST OF ABBREVIATIONS 9 EXECUTIVE SUMMARY 12 HOW DO ONLINE ADVERTISING MARKETS WORK? 16 1.1. Types of digital advertising 16 1.2. The role of targeting in digital advertising 18 1.3. Main actors and business models 21 1.3.1. Ad-Networks 22 1.3.2. Ad-Exchanges and advertising auctions 24 1.3.3. The role of SMEs 26 1.3.4. Consumers 26 1.4. Evolution of the market and implications of COVID-19 27 CHALLENGES AND OPPORTUNITIES CONCERNING DIGITAL ADVERTISING 31 2.1. Practices and their impacts 31 2.1.1. Practices affecting consumers and SMEs as consumers/viewers of advertisement 31 2.1.2. Practices affecting purchasers of advertising including SMEs 38 2.1.3. Practices affecting suppliers of digital advertising services (publishers and smaller SMEs functioning as Ad-Networks) 42 2.2. Steps taken by consumers and commercial providers to address perceived challenges 46 2.3. Analysis of costs and benefits of different practices 48 HOW FAR DOES EXISTING LEGISLATION GO IN ADDRESSING THE PROBLEM? 53 3.1. Legal framework 53 3.1.1. Overview of the legal framework 53 3.1.2. Soft Law instruments 55 3.1.3. Complexity of the legal framework 55 3.2. How far do existing substantial rules address the problems and what are the gaps? 57 3.2.1. Processing of personal data and privacy 57 3.2.2. Transparency obligations 61 3.2.3. Internal market 65 3.2.4. Prohibition of certain practices 68 3.2.5. Many players involved and key role played by the platforms 71 3 PE 662.913 IPOL | Policy Department for Economic, Scientific and Quality of Life Policies 3.2.6. Summary 73 3.3. How far do existing enforcement measures address the problems and what are the gaps? 73 3.3.1. Overview of the main enforcement measures 73 3.3.2. Main issues and gaps 74 3.3.3. Summary on enforcement 75 3.4. What are the new measures proposed by the Commission in DSA and DMA proposals? 75 3.4.1. DSA Proposal 75 3.4.2. DMA Proposal 77 WHAT SOLUTIONS HAVE BEEN APPLIED? 79 4.1. Comparison of national context 79 4.2. Design and implementation of responses 81 4.3. Evaluation of EU Member State and third country experiences 85 CONCLUSIONS AND RECOMMENDATIONS 87 5.1. Recommendations to better protect consumers 87 5.1.1. Ensuring that data use and sharing in digital advertising conforms with privacy rules 87 5.1.2. Informing consumers about the fact that they are being targeted and improved consent mechanisms 88 5.1.3. Addressing “dark patterns” through GDPR guidelines 89 5.1.4. Clarifying that digital targeted advertising must not breach rules on discrimination and improving algorithmic transparency 89 5.1.5. Ensure that minors are not subject to harmful targeted advertising which exploits their vulnerabilities 90 5.1.6. Dealing with multiple actors 91 5.1.7. Clarifying the redress mechanisms 91 5.1.8. Facilitating the functioning of the internal market 91 5.2. Recommendations to better protect SMEs as publishers and advertisers 92 5.2.1. Addressing exploitation by platforms which hold a dominant position in digital advertising 92 5.2.2. Increase transparency concerning advertising auctions and the performance of advertising 92 5.2.3. Tackling bundling and tying by gatekeeper intermediaries of premium advertising space 93 5.2.4. Addressing asymmetric access to consumer data 94 5.2.5. Counteracting the monopolisation of the browser market 94 5.3. Summary of conclusions 95 PE 662.913 4 Online advertising: the impact of targeted advertising on advertisers, market access and consumer choice REFERENCES 101 ANNEX 1: LEGISLATIVE MEASURES AND PROPOSALS 119 Specific measures applicable to advertising in the digital environment 119 a) eCommerce Directive 119 b) P2B Regulation 120 c) DSA Proposal 122 d) DMA Proposal 124 e) ePrivacy (and Proposal) 125 General measures applicable to advertising 126 a) Unfair Commercial Practices Directive 126 b) Directive on misleading and comparative advertising 127 c) Consumer Rights Directive 128 d) GDPR 129 e) AVMS 130 Tables 132 ANNEX 2: CASE STUDIES 135 Australia 135 1. National context 135 2. Design and implementation of response 136 3. Analysis and Evaluation 137 Germany 138 1. National context 138 2. Design and implementation of response 138 3. Analysis and Evaluation 139 France 141 1. National context 141 2. Design and implementation of response 141 3. Analysis and Evaluation 142 Ireland 143 1. National context 143 2. Design and implementation of response 144 3. Analysis and Evaluation 145 United Kingdom 146 1. National context 146 2. Design and implementation of response 147 5 PE 662.913 IPOL | Policy Department for Economic, Scientific and Quality of Life Policies 3. Analysis and Evaluation 147 United States 149 1. National context 149 2. Design and implementation of response 150 3. Analysis and Evaluation 151 PE 662.913 6 Online advertising: the impact of targeted advertising on advertisers, market access and consumer choice LIST OF BOXES Box 1: Behavioural targeting and privacy concerns 33 Box 2: Obfuscation and location based targeting of advertisements reduce consumer choice 34 Box 3: Advertisement designs can exploit consumers’ behavioural biases and include dark pattern elements 35 Box 4: Potential for discrimination and harmful targeting of vulnerable consumers through Real-Time-Bidding (RTB) 36 Box 5: The prevalence gives rise to threats to cybersecurity in the form of malvertising and spear-phishing 38 Box 6: Factors that constitute large advertising providers can both harm and benefit advertisers 40 Box 7: Lack of transparency may lead to increased costs and fraud 42 Box 8: Asymmetric access to information and data 44 Box 9: Conducts like exclusive clauses, self-preferencing, bundling and tied sales as well as impediments to interoperability are associated with large players 45 Box 10: Widespread advertising facilitates the adoption of ad-blocking software (AAT) by users which threatens the business models of publishers and advertisers 47 Box 11: Main issues and gaps: Processing of personal data and privacy 60 Box 12: Main issues and gaps: Transparency obligations 65 Box 13: Main issues and