Key sustainability issues for ProSiebenSat.1 Group, such as anti-, antitrust law, data protection, and media law, are covered organizationally by the management system (CMS). We combine data protection and media law under the non-financial aspect of product responsibility. We see product responsibility not only as a legal requirement but also as an important competitive factor with a lasting impact on trust in ProSiebenSat.1 Group’s products, offerings and brands and thus also on the economic success of the Group.
Compliance with data protection is to be ensured on the basis of a risk-oriented data protection management system (DPMS). We also take precautions to protect personal and other sensitive data from loss, destruction, unauthorized access, or unauthorized use, processing, or disclosure. At the companies of ProSiebenSat.1 Group in Germany, there were 13 cases of data leaks and data theft or loss in the reporting year, of which only seven were subject to mandatory reporting.
053 / DATA PROTECTION PROCESSES AT PROSIEBENSAT.1 GROUP
Data protection compliance
Performance of an initial risk analysis including a compliance check in the context of introducing/changing automated procedures for processing personal data in order to meet the requirements of data protection law (Articles 5, 6 GDPR).
Process for legally compliant preparation of agreements under data protection law in order to meet the requirements of Articles 26, 28 GDPR.
Information to public authorities
Process for legally compliant disclosure of personal data to public authorities.
Information to be provided and rights of the data subject
Legally compliant information and processing of data subjects’ requests for the fulfillment of articles:
- Transparent information (Articles 12 et seq. GDPR)
- Rights of access (Article 15 GDPR)
- Right to rectification and erasure (Article 16 GDPR)
- Right to erasure (Article 17 GDPR)
- Data portability (Article 20 GDPR)
- Rights to object (Article 21 GDPR)
Data breach notification
Process for legally compliant reporting of data breaches (= third parties unlawfully obtaining personal data) in accordance with Articles 33, 34 GDPR.
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. Individual issues also form part of the Code of Conduct. For 2018, we have identified a total of 17 violations of program principles and journalistic due diligence as well as provisions for the protection of minors.
- ProSiebenSat.1 Group is committed to differentiating between editorial reporting and broadcasts for advertising purposes. At corresponding compliance events, those responsible, such as TV editors, are trained on the bans in place and the legal consequences in the event of violations. In substantiated individual cases where the use of surreptitious advertising is suspected, an ad-hoc supervisory committee can take 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. The Group is also committed to following the provisions of the German Interstate Broadcasting Agreement and the Common Guidelines of the State Media Authorities for advertising, for ensuring separation of advertising and programming, and for sponsorship on television. In particular, each employee has to ensure that the prohibition of programming influence, the ban on surreptitious advertising and the identification requirements are upheld. It is also necessary to prevent the content and location of a sponsored program from being influenced by the sponsor in a way that impairs the responsibility and editorial independence of the broadcaster.
054 / ProSiebenSat.1 Group advertising guidelines
The ProSiebenSat.1 Group guidelines on the separation of advertising and programming also include specific explanations regarding bans on the placement of particular products and services. They provide the employees with mandatory regulations under their employment contracts. The guidelines for the German stations serve to maintain journalistic credibility and ensure that content is independent from third-party influences as the top programming principle. For the TV stations in Austria and Switzerland, the respective national legal provisions apply.
- To ensure journalistic independence and comply with fundamental media regulations, the Group formulated guidelines 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. In accordance with internal guidelines, journalists and editors working for ProSiebenSat.1 Group must follow the International Federation of Journalists’ Principles on the Conduct of Journalists. According to these principles, they are essentially free to report as they see fit independently of social, economic or political interest groups. As a media company, political independence is of the utmost importance to us. 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. 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.
- 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 that 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 the Group’s websites that could potentially harm their development. To this end, the youth protection officers are involved in the production and purchasing of programs at an early stage. They assess scripts in advance, support productions, and prepare expert reports. Within the Company they perform an advisory role, while externally they are available to viewers and users as contact persons for complaints, for example. 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, for example Freiwillige Selbstkontrolle Fernsehen (German Association for Voluntary Self-Regulation of Television, FSF) and Freiwillige Selbstkontrolle Multimedia-Diensteanbieter (German Association for Voluntary Self-Regulation of Digital Media Service Providers, FSM).