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There’s so much happening on the regulatory front it’s dizzying, so Mi3 called in the experts for an update – and it’s proven rather revealing: Despite intensive lobbying from loyalty scheme operators and beyond, Australia’s sweeping privacy law overhaul remains on course to land this year – with massive implications for just about every business. “It’s now clear that we will see a substantial broadening of what is regulated as personal information,” according to Data Synergies Principal, Peter Leonard. “That will include use of online tracking codes and techniques such as fingerprinting, which enable the targeting of individual consumers – and I think we will see that regulation encompassing not only online targeted advertising, but also targeting of content.” Which gives publishers something to ponder – especially those making major martech investments, says Civic Data’s Chris Brinkworth. Across all sectors, Brinkworth warns companies are leaking data on a wholesale basis “in a way that contravenes current Australian Privacy Principles let alone future Australian Privacy Principles”.The broadening of personal information definitions will also govern use of CX data within martech stacks, effectively limiting what banks and retailers, for example, can do with customer data unless they can explain it to “someone of below average intelligence,” per Leonard – and provided it passes a test of ‘fair and reasonable’ use. If not, prepare to fall foul of the Privacy Act, face class action lawsuits and massive fines. The Feds, warns Leonard, are getting firmer on their position, and industry is not being heard “at the same level that privacy advocates and a number of the consumer organisations are being heard in Canberra”. Meanwhile, the ACCC’s probe of data brokers is expected back from Treasury as early as this week, with fallout likely for Australia’s marketing supply chain. “We’re all talking about Meta and Google hoovering up data, but I think the biggest operator in terms of data brokerage in Australia is Woolworths’ Quantium,” per Laurel Henning, Legal and Regulatory Affairs Correspondent at Capital Brief. But across the pond, Google now faces genuinely existential challenges, says Future Media’s Ricky Sutton, as the US Justice Department and Federal Trade Commission “have both said that what they’re seeking is a breakup of Google. So there are big changes ahead.” Governments, he says, have decided enough is enough, big tech is about to cop it – and the impacts will market-wide.

Uber’s ads business is starting to scale and its New York-based boss Michael Akkerman says Australia – one of its best performing markets, with a rapidly growing sales operation – will see the next wave of new formats first. He’s touting retail media meets “mobility media” and a collapsed funnel “brand-formance” model – brand and performance marketing in a single execution. A younger, richer set exposed to an Uber Ride brand ad is driving hard sales via Uber Eats with verified “closed loop” attribution.Akkerman was in Sydney last week wooing “hundreds” of agency execs and rattling off big numbers. Coke’s gamified ads in the ride business got a tonne of new customers and orders via Eats. Absolute Vodka got a 28 per cent sales increase, HSBC likewise a major uplift – and they are coming back for more.Akkerman says the delineation of brand and performance is a false construct. The purpose of brand is ultimately to drive longer-term sales, but put a call to action – a performance element on a brand ad – and a percentage of people will immediately go and buy. People don’t think ‘brand versus demand’, he says, only marketers. But Akkerman reckons that is shifting rapidly in a fast fulfilment world. Just don’t ask Uber for “cheap eyeballs” and rock-bottom rates: “We can seek affordability … but to me it is about return on ad spend.” Whether procurement departments agree remains to be seen. But Akkerman suggests advertisers get what they pay for. He’s claiming Uber ads deliver much higher click through rates, circa 3 per cent versus the “0.000x per cent” brands would be “lucky” to get on other platforms, and is fraud free, because “bots don’t hail cars”. Meanwhile it’s privacy compliant – because everyone has signed up and linked their credit cards. Plus advertisers are connected with “actual humans, not digital representations.” Hence why Uber’s bullish on hitting a billion dollar ad business very soon – if it hasn’t already.