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Ecomlex - Data Protection Regulation in Europe for Online and Offline Communication
Ecomlex - Data Protection Regulation in Europe for Online and Offline Communication
Ecomlex - Data Protection Regulation in Europe for Online and Offline Communication
Ecomlex - Data Protection Regulation in Europe for Online and Offline Communication
Ecomlex - Data Protection Regulation in Europe for Online and Offline Communication
Ecomlex - Data Protection Regulation in Europe for Online and Offline Communication
Ecomlex - Data Protection Regulation in Europe for Online and Offline Communication
Ecomlex - Data Protection Regulation in Europe for Online and Offline Communication
Ecomlex - Data Protection Regulation in Europe for Online and Offline Communication
Ecomlex - Data Protection Regulation in Europe for Online and Offline Communication
Ecomlex - Data Protection Regulation in Europe for Online and Offline Communication
Ecomlex - Data Protection Regulation in Europe for Online and Offline Communication
Ecomlex - Data Protection Regulation in Europe for Online and Offline Communication
Ecomlex - Data Protection Regulation in Europe for Online and Offline Communication
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Ecomlex - Data Protection Regulation in Europe for Online and Offline Communication

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  • 1. „Come To Ski in Austria“ – A CaseStudy in Offline Direct Marketing European Marketing Dynamics Summit Brussels, 24/25 Nov. 2011
  • 2. „Come to Ski in Austria“• Joint campaign by the major Austrian ski ressorts and the related local travel industry (hotels, restaurants, shops, skiing schools, etc.); image campaign together with local offers• Target Group: private persons, age 30-50, net household income EUR 50.000+ per year, interest in sportive activities, in particular skiing and other winter sports, living in Italy, Belgium, Denmark, the Netherlands or France• Campaign organized and launched by „ACME Global Mail“, a specialized direct marketing agency• Tools: – Phase 1: direct mailings by post – Phase 2: follow up by e-mail and telephone Case Study 1 3
  • 3. Direct Marketing and Data Protection• Legal framework for unsolicited commercial communication – „classic“ mailings (post) – E-mails, telephone, SMS, etc – Opt-in / opt-out – Obtaining (opt-in) consent• Building the database, data collection – public sources – non-public sources – defining target groups, screening and linking of data; creating new data – „Sensitive Data“• Specific rules for direct marketing providers? Case Study 1 4
  • 4. 25 November 2011Online marketing: online behavioural advertisingWhats up?
  • 5. Whats up?Behavioral advertising and consequences for‘Johanna Doe’ Hello!! Female, age 32, single, lawyer Interested in travelling and literature Regular Internet user
  • 6. Whats up?On-site behavioral advertising • Visits bol.com to order a book • bol.com places a cookie at the desktop of Johanna • The cookie helps to build a personal profile of Johanna • bol.com analyses the info and decides (automatically) which content it will offer to Johanna • With every return visit, Johanna (or her computer) will be recognized
  • 7. Whats up?
  • 8. Whats up?Network behavioral advertising • Johanna is looking for a partner and registers on a Dutch dating site called Lexa • Lexa is part of a large network of advertisers • When visiting the Lexa site, a third party cookie of the advertising network is placed on Johanna’s desktop • The Internet use of Johanna is stored in a profile that is build up and refined whenever Johanna uses sites that are part of the advertising network
  • 9. Whats up?
  • 10. Recente OntwikkelingenWhats up? Behavioral targeting: all about cookies Article 5 lid 3 E-privacy Directive: implemented by 25 May 2011 • The placement and access to cookies is only allowed on the condition that the user/subscriber has given his/her consent, having been provided with clear and comprehensive information. • Consent - Consideration 66 of the Civil Rights Directive (2009/136/EC) + Opinions EPDS, Article 29 Working Party • Comprehensive information? Privacy Directive • Exemptions?
  • 11. Whats up?Behavioral targeting: Privacy Directive• Definition of personal data• Are cookies and IP-addresses considered to be personal data in each country? No.• Behavioral advertising, presumed to entail a processing of personal data? Is this the future? Hopefully not!
  • 12. Whats up?Roundtable• In which countries is the cookie regulation implemented and how?• Focus on the differences• Questions?
  • 13. THANK YOU FOR ATTENDING THIS CONFERENCECONTACTSAustria: Dietmar.Huemer@legis.atBelgium: Tim.VanCanneyt@ffw.comDenmark: mho@plesner.comFrance: Annabelle.Carton@ffw.comItaly: d.depasquale@lascalaw.comNetherlands: Nicole.Wolters.Ruckert@kvdl.nl

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