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Data privacy and email permission marketing trends by Alastair Tempest

Data privacy and email permission marketing trends by Alastair Tempest



Permission marketing and Trend in Data Privacy - Email marketing in the EU, whats next?...

Permission marketing and Trend in Data Privacy - Email marketing in the EU, whats next?

Presentation by Alastair Tempest from South Africa Direct Marketing Association.

Permission marketing and the double opt-in option have become the norm in Europe, what's up next?

Spam continues as worse as ever, legislation was not the silver-bullet trumpeted. Can marketers help ISPs?
An issue – data breaches leading to more spam. The EU expected reaction.



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    Data privacy and email permission marketing trends by Alastair Tempest Data privacy and email permission marketing trends by Alastair Tempest Presentation Transcript

    • Presentationfrom Markedu’sEmail MarketingDay @Your DeskGet Markedu’s Event Alert to be notified about» the free Email Marketing Day @Your Desk» the free Social Media Marketing Day @Your Desk» the free Direct Marketing Day @Your Desk» See webinars here
    • Permission Marketing & Trends in DataPrivacy – Email Marketing in the EU andelsewhere- whats next?PRESENTATION FOR THE EMAIL MARKETING DAY 4 OCTOBER 2011 BY: Alastair Tempest President Institute Of Interactive Marketing
    • EU Low – Requires Opt-In• The Privacy & eCommunication Directive of 2002, revised 2009 Soft Opt-in Principle
    • Soft opt-in• Opt-in – Except In the case of data received in the process of a sale where the consumer can be considered to have provided that data voluntarily and for the purposes of being emailed, texted (SMS), etc. for the same type of product.
    • A “European Marketplace”There is, however, no specific “soft opt-in” clause in a number of EU Member States including:-Bulgaria GreecePoland RomaniaHungary “permission e-mails”
    • Always an Opt out ClauseEven if you have consent/opt-in you must always offer an opt-out clause to allow the consumer to remove him/herself from your marketing list
    • Pre-ticked boxesMany countries in the EU and elsewhere regulate that pre-ticked boxes are a No No. Consent must be “a freely given, specific and informed expression of will by which a data subject agrees to personal data relating to him being processed” (Art 1, Dutch Law)
    • Time limits on consentSome EU countries also specify a time limit e.g. In Ireland soft opt-in remains only for 12 months after the data has been collected in the context of a sale.
    • Business to BusinessIncreasingly B2B requires the same rules as B2C.This is particularly true of micro-businesses (doctors, dentists, small shops, artisans ,etc).But in general terms the national laws of the following EU countries include all B2B in their privacy laws for e-communications:- Austria, Belgium, Denmark, Germany, Italy, Netherlands, Romania, Slovenia.
    • PurposeThe issue of purpose has not received the attention it should. The debate has been mainly about consent/opt in.Purpose is becoming increasingly important and can be very limiting.
    • For example the national laws in the following countries all specify a precise purpose when getting consent, but what they actually mean by “precise” is very varied:- Austria, Denmark, Germany, Netherlands, Poland, Slovenia, Spain, Sweden.
    • Conclusion – the EU national laws are a hotch potch of different requirements!Thus the present revision of the Data Protection Directive.
    • New Social Media – newchallenges“e-Communications” meant email, sms, mms, fax (sometimes telephone – e.g. Austria).What about Twitter & its derivatives?Facebook messaging & its derivatives?Blackberrys bbm etc, etc.They are & will be legally, included under “e- Communications”.
    • Trends – The IndustryPerspectiveSpam remains a major problem for everyone – the individual, the ISPs, businesses, etc.While opt-in for email was not the “silver bullet”, it has helped separate the sheep from the goats.The problem for an email marketer in any country is “how do I prove I’m a good guy instead of a spammer?”
    • Cooperation with ISPs & otherIndustry initiatives• Initiative such as ECO in Germany for cooperation between the ISPs & the DMA• Centres of Excellence run by DMAs & others.• Spam-traps, black holes & other schemes run by the ISPs.• Controls by telecoms (for SMS/MMS mainly).
    • LegislationNew revision of the EU Data Protection Directive foreseen this Autumn.Will attempt to stop the wide differences in national laws which make cross-border emailing/texting etc a mine-field.Outside the EU efforts to try to reach international standards (but what are those?) e.g. in South Africa, etc.
    • ConclusionIn the end good marketing means relevant marketing.This can be called “respect marketing”.Getting consent to send relevant messages makes sense.The only question is how to find out what is relevant at any one time to any one individual? We are getting much more intelligent about that (analytics, etc) so long as the new laws do not restrict that!
    • Thank you for listening, any questions?alastair@dmasa.orgwww.IIDM.co.zawww.dmasa.org0861 DMA DMA