04 July 2025

How the ACCC’s Digital Platform report will reshape marketing and media

In summary

• The ACCC has released a report proposing tighter regulation of digital platforms like Google and Meta.
• These changes will undoubtedly disrupt how marketers use data, measure campaigns, and engage audiences across walled gardens.
• Businesses should review their consent practices, look at diversifying attribution models, and prepare for deeper cross-team collaboration.

A new regulatory era is here, and marketers need to be ready

The Australian Competition and Consumer Commission (ACCC) has released its much-anticipated final report from the Digital Platform Services Inquiry, the culmination of a five-year investigation into the power and influence of digital platforms (walled gardens) like Google, Meta, Apple and Amazon.

The March 2025 report puts forward a strong vision for a fairer, more transparent digital economy. And while many of the proposed regulatory changes will take years to roll out, the direction of travel is now crystal clear. Tougher rules, stronger consumer protections, and closer scrutiny of digital platforms’ market power.

As ACCC Chair Gina Cass-Gottlieb said, “The current laws are not sufficient to address the risk of harm.” The regulator is now calling for new, upfront obligations to be set in law, not just tweaks to existing frameworks.

Here’s what matters most to marketers, analysts and tech teams navigating this changing market.

Key takeaways from the ACCC final report

A new law banning unfair trading practices

The ACCC recommends introducing a broad, economy-wide prohibition against unfair trading practices. This goes beyond misleading or deceptive conduct to target commercial behaviours that might be technically legal, but still harm consumers or distort competition. Think: manipulative dark patterns, coercive default settings, or exploitative data practices.

Stronger consumer protection obligations for platforms

Digital platforms may soon face stricter requirements, including:

• Mandatory internal dispute resolution processes with transparent timelines and clear user communication
• Access to an independent ombudsman for unresolved user complaints
• Greater responsibility for scams, harmful apps and abusive user behaviour

These moves would align Australia more closely with overseas regimes like Europe’s Digital Services Act.

Privacy and consent come under the spotlight

The ACCC has reinforced that opaque data practices, including unclear consent flows and excessive tracking, must be addressed. It supports broader privacy reforms that would give users more meaningful control over how their data is collected and used, and require businesses to adopt clear, fair and easily revocable consent practices.

This could signal tougher enforcement of OAIC guidelines and stricter expectations around data minimisation, transparency, and secondary data use, directly impacting how marketers build audiences and personalise campaigns.

More oversight of emerging tech

The ACCC is pushing for ongoing monitoring powers over high-growth tech categories, specifically cloud computing, generative AI, ad tech, and online gaming. It’s a clear signal that these areas are next in line for competition and privacy scrutiny.

A new cross-agency regulatory body (DP-REG)

To ensure effective oversight, the ACCC also recommends establishing the Digital Platform Regulators Forum (DP-REG). This would then bring together regulators across privacy, competition, media, communications, and consumer protection to coordinate efforts and close enforcement gaps.

A global mindset

The ACCC urges policymakers to track, and where appropriate, harmonise with, international developments. This includes adopting global best practice and preventing regulatory loopholes from emerging in the Australian market.

Louder’s recommendations

At Louder, we help clients navigate shifts like these with a measured, forward-looking approach. Here’s how to stay ahead:

• Review your digital consent and data policies - Start mapping and assessing where your business touches data, from acquisition to activation and prioritise clarity and fairness in all user-facing flows.
• Diversify your media and measurement mix - Platform-specific targeting and attribution are likely to become more fragmented and less reliable. Now’s the time to invest in broader, privacy-resilient measurement strategies like MMM, lift studies and clean room integrations.
• Build compliance into your martech stack - Work with vendors who prioritise compliance-by-design and are transparent about how data is handled, stored and shared.
• Stay plugged into international trends - Global digital regulation is accelerating, and Australia is aligning fast. Monitoring what’s happening in the US, UK and EU will help you get ahead of local requirements.
• Plan for cross-functional collaboration - Privacy and competition reform will require marketing, legal, IT and data teams to work together more than ever. Consider internal education sessions or capability building initiatives to ensure alignment.

Get in touch

Need a game plan for the ACCC’s new era?? Louder’s team of data, media and strategy experts is here to help you prepare, adapt, and thrive. Get in touch today.