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I agree on every part of this as the ‘how / why we got here’, AND I also agree with a lot of the proposed legislation. Having spent, however, 2 years in the very narrow field of where Privacy specifically impacts Martech (at both a legislative and the resulting technical level) I disagree that the proposed Australian legislation will create an entirely level playing field benefiting the ‘Australian’ media and marketing ecosystem as one might hope.
The primary concern highligthed in our own (Civic Data) submission is that, without a regulatory carve-out akin to fintech, the (proposed) legislation may not i) enable Australian entities to effectively compete within the conflicting framework proposed, and ii) provide assurances that Australian firms can fairly compete against big tech giants and their substantial lobbying budgets. Consequently, the fear is that this could lead to more Australian marketing dollars being funnelled towards US businesses, accompanied by new increased costs for US Privacy Enhancing Technologies (PETS) to solve for the conflicts – as it would be a safer, more straightforward and cheaper approach to ensure compliance with privacy regulations.