When providing our content, we place great emphasis on the protection of personal data and media law. The latter chiefly entails journalistic independence, the separation of editorial reporting and advertising, and youth protection. In addition, we consider fair marketing and transparent labeling to be important parts of our content responsibility. In this regard, the Company ensures compliance with both laws and legislation as well as internal policies and requirements. The applicable policies and the complaints procedures in the event of infringements are laid down in ProSiebenSat.1 Group’s Code of Conduct. All employees, managers, and Executive Board members have committed to complying with this.
New technologies and processes in connection with digitalization are generating a steadily growing flow of data. Data from the digital sphere provide information about the media usage and consumer behavior of audiences and customers. Media providers can also obtain these data in ever increasing volumes by digitizing their offerings. In this environment, ProSiebenSat.1 has created a very rare combination: We have access to data from TV usage as well as data from our commerce platforms. On the basis of the acquired digital data, we are now building a bridge between TV and the Internet – the optimum combination of mass appeal while rapidly raising brand awareness with a target-group-specific approach. On this basis, we can use addressable TV and HbbTV to develop new advertising products that the TV business will benefit from in turn. The aim is a brand presence which enables a direct online purchase from the targeted commercial – without necessarily having to switch to a tablet or smartphone. The protected data pool shared by ProSiebenSat.1 and NuCom Group therefore contributes directly to the Company’s business success and the core business of free TV financed by advertising. The processing of personal data of various different stakeholder groups is therefore an essential component of ProSiebenSat.1 Group’s business activity. These stakeholders particularly include customers, online users, viewers, applicants, employees, and business partners. For this reason, we see data protection as an important competitive factor with a lasting impact on trust in ProSiebenSat.1 Group’s products and brands and thus also on the economic success of the Group.
Performance of a risk analysis including a compliance check in the context of introducing/changing automated procedures for processing personal data in accordance with section 4f of the German Federal Data Protection Act (BDSG) in order to address data protection law requirements at an early stage.
Order data processing
Process for legally compliant preparation of agreements for order data processing and for the performance of the legally stipulated preliminary check in accordance with section 11 BDSG.
Information to public authorities
Process for legally compliant disclosure of personal data to public authorities.
Rights of persons affected
Legally compliant processing of requests from persons affected:
Data breach notification
Process for legally compliant reporting of data breaches (= third parties unlawfully obtaining personal data) in accordance with section 42a BDSG and section 15a of the German Telemedia Act (TMG).
As well as data protection, information security is also in ProSiebenSat.1 Group’s business interests. A failure, manipulation or unauthorized disclosure of business-critical information could result in significant financial losses or reputational damage. The adequate security of business processes, IT, infrastructure and critical information is therefore a strategic factor for the Company’s competitiveness and continued existence. Information security at ProSiebenSat.1 has four primary strategic goals:
- To maximize business continuity
- To minimize business losses
- To prevent and minimize the effects of security incidents
- To limit risks
The media law provisions of the Compliance Management System (CMS) particularly deal with journalistic independence, the principles of the separation of advertising and programming, the requirements for product placement and protection of young people, and the prevention of surreptitious advertising and broadcasting of legally prohibited advertising. For 2017, we identified a total of eleven violations in connection with media law provisions: seven against programming principles and journalistic duties of care and four against laws for the protection of young people.
- ProSiebenSat.1 Group is particularly committed to differentiating between editorial reporting and broadcasts for advertising purposes in its TV programs. The responsible TV editors and editorial management are responsible for ensuring that advertising and programming are clearly separated. At corresponding compliance events, they are trained on the bans in place and the legal consequences in the event of violations. The management of the TV stations must also ensure that suitable budgets are chosen for each program and that sufficient funds are available so that there is no need to accept financial contributions from third parties to the extent that this would constitute impermissible surreptitious advertising. In substantiated individual cases where the usage of surreptitious advertising is suspected, an ad-hoc supervisory committee takes action. This committee is set up by the Executive Board of ProSiebenSat.1 Media SE and consists of one employee each from the Internal Audit and Legal Affairs departments and an external lawyer.
- To ensure journalistic independence and comply with fundamental media regulations, the Group formulated guidelines in 2005 which are binding for all of the Company’s program makers in Germany. The “Guidelines for Ensuring Journalistic Independence” specify the understanding of the journalistic principles set forth in the Press Code of the German Press Council. ProSiebenSat.1 Group is committed to a free and democratic order as set out in the constitution (Grundgesetz) of the Federal Republic of Germany. In accordance with internal guidelines, journalists, and editors working for ProSiebenSat.1 must follow the International Federation of Journalists’ Principles on the Conduct of Journalists. According to these principles, they are essentially free with regard to creating their content and report independently of social, economic, or political interest groups.
- As a media company, political independence is of the utmost importance to ProSiebenSat.1. Cash and non-cash donations to political parties are therefore forbidden unless the donation is approved by the Executive Board of ProSiebenSat.1 Media SE in advance. In 2017, ProSiebenSat.1 Group made no cash or non-cash donations to political parties. Generally, editorial content must not be influenced by private or commercial interests of third parties or by personal or economic interests of employees. At the same time, the journalists and editors are aware of their responsibility with regard to the dissemination of information and their contribution to shaping opinions. The responsible editorial staff, particularly the editors-in-chief, are responsible for complying with these guidelines and principles of conduct and implementing them into day-to-day business.
- The youth protection officers at ProSiebenSat.1 Group make sure that all TV and online content for which the Group is responsible is offered in an age-appropriate way. The goal is to make it difficult for children and young people to gain access to content that is unsuitable for their age group. The German Interstate Agreement on Youth Protection in the Media stipulates clear requirements for this. The Group’s youth protection officers are autonomous in their work and are responsible for ensuring that content which is unsuitable for children and young people is broadcast only at the legally stipulated times. In addition, they use technical means to protect young people from the dissemination of content on ProSiebenSat.1’s websites that could potentially harm their development.
- Independently from the work of the youth protection officers, TV and online editors receive regular training on youth protection regulations. In addition to training employees and providing internal guidelines, we also actively promote the protection of young people via various organizations:
Freiwillige Selbstkontrolle Fernsehen (FSF)
Freiwillige Selbstkontrolle Multimedia-Diensteanbieter (FSM)
Verein zur Förderung des Kinder- und Jugendschutzes in den Telemedien (JusProg)
Marketing and Product Labeling
ProSiebenSat.1 Group uses various marketing tools to communicate with customers, online users, viewers, applicants, employees, and business partners. It is particularly important to us that we neither make misleading, false, or discriminatory statements nor exploit a lack of knowledge or insufficient information on the customers’ part to further our business. Instead, ProSiebenSat.1 relies on fair and responsible means of dealing with third parties, which enable transparent communication about our brands, products and services. For ProSiebenSat.1, this particularly includes an open and honest attitude to commercial communication, the transparent and comprehensive disclosure and publication of General Terms and Conditions (GTCs), compliance with applicable guidelines on the advertising of own products and services, and respect for other trademarks and symbols.