ePrivacy Law Marketers Need to Know
 

ePrivacy Law Marketers Need to Know

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Modern marketing has evolved. Digital buyers increasingly expect more personalized, tailored experiences; and through the use of cookies and similar technologies, marketers can access online data sets ...

Modern marketing has evolved. Digital buyers increasingly expect more personalized, tailored experiences; and through the use of cookies and similar technologies, marketers can access online data sets to help them to better understand their customers and meet these expectations.

For marketers working in a multi-channel, multi-market environment, the demand is even greater. You must be educated, engaging and integrated in your approach - and also be compliant in how you capture and use customer data in your marketing processes, across multiple countries with varying legislative requirements.

Learn more about this hot topic from the experts! Duncan Smith (CEO, iCompli), Autumn Tyr-Salvia (Email Strategy and Compliance Analyst, Marketo) and Liz Smyth (Marketing Director EMEA, Marketo) discuss:

• How marketing has evolved, and the ePrivacy demands this places on marketers
• How legislation and regulation impacts on day-to-day marketing processes
• ePrivacy Legislation – What’s current? What’s coming?
• The regulators' viewpoint – Who are they and what are they saying?
• How end-users perceive privacy issues
• Top things marketers need to know to be prepared

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ePrivacy Law Marketers Need to Know ePrivacy Law Marketers Need to Know Presentation Transcript

  • Duncan Smith Autumn Tyr-Salvia Liz Smyth CEO, iCompli Email Strategy & Compliance Analyst, Marketo EMEA Marketing Director, Marketo © 2014 Marketo, Inc. Marketo Proprietary and Confidential
  • Liz Smyth EMEA Marketing Director @lizsmyth © 2014 Marketo, Inc. Marketo Proprietary and Confidential
  • The Rise of the Marketing Nation Page 3 © 2014 Marketo, Inc. View slide
  • Unprecedented Changes in Buying Information: Information: SCARCITY ABUNDANCE Purchasing Power: Purchasing Power: SELLERS BUYERS Organizational Power: Organizational Power: SALES MARKETING THEN Page 4 © 2014 Marketo, Inc. NOW View slide
  • The New Rules of Marketing Engagement #1 Finding customers Being found #2 Point in time blasts 1:1 Durable relationships #3 Demographic Behavioral segmentation #4 Few/isolated channels #5 Intuitive decision making THEN Page 5 © 2014 Marketo, Inc. Exploding/integrated channels Owned, big time series data NOW
  • The Bottom Line: Everyone Can Market Like Amazon Page 6 © 2014 Marketo, Inc.
  • Duncan Smith CEO, iCompli @Duncan_iCompli
  • Two important privacy ‘agents’ What PEOPLE are aware of and want What the LAW requires us to do Copyright iCompli Ltd 2014
  • People ‘datafication’ How accurate is too accurate?
  • The understanding and application of privacy is not an academic exercise; it has a measurable impact on corporate risk and customer relationships. Let’s look over the ‘brow of the hill’ and prepare ourselves for legal and cultural changes.
  • Is the Perfect Storm on it’s way?  “Perfect storm" of more data, more REGULATION more ENFORCEMENT AND more AWARENESS Copyright iCompli Ltd 2014
  • ‘Hamster Wheel’ Data Device Copyright iCompli Ltd 2014
  • Copyright iCompli Ltd 2014
  • Are they people saying anything? CULTURE AND AWARENESS Copyright iCompli Ltd 2014
  • Two important privacy ‘agents’ What PEOPLE are aware of and want What the LAW requires us to do Copyright iCompli Ltd 2014
  • DMA research The Data privacy: What the consumer really thinks is published by The Direct Marketing Association (UK) Ltd Copyright iCompli Ltd 2014
  • Copyright iCompli Ltd 2014
  • ‘Stealth wear’, a reflection on changing attitudes Copyright iCompli Ltd 2014
  • ‘Stealth wear’, a reflection on changing attitudes Hyper-local maps Copyright iCompli Ltd 2014
  • Copyright iCompli Ltd 2014
  • Two important privacy ‘agents’ What PEOPLE are aware of and want What the LAW requires us to do Copyright iCompli Ltd 2014
  • Source: Data Guidance http://bit.ly/1j2s9iw Copyright iCompli Ltd 2014
  • Do PEOPLE care about their privacy?  Technology is driving the collection/appetite for data  Is the backlash coming? we found out that as long as a pregnant woman thinks she hasn’t been spied on, she’ll use the coupons Black, gay or Democrat? Facebook Likes are 85-95% accurate Copyright iCompli Ltd 2014
  • What changes are on the RADAR  EU General Data Protection Regulation (GDPR)  2014: On going negotiation between EC, Council of   Ministers and Euro MPs 2014/15 Plenary Vote 2016 Q1 Possible implementation  PRISM mass surveillance under microscope  2014 Q1 first reading of enquiry  including reviewing the Safe Harbor and binding corporate rules governing EU to US data transfers  Rise of ‘Trust Me’ badges Copyright iCompli Ltd 2014
  • 6 to watch out for.. Breach Notification Privacy Process Mandatory data loss disclosure PIA and Policies Children Right to be forgotten Processor Controller obligations Legitimate interests Under 18s Consent withdrawal, data erasure More responsibility for data security Consent rules ‘harden’ Copyright iCompli Ltd 2014
  • Copyright iCompli Ltd 2014
  • New Behavioural Advertising Rules • OBA Rules - in force on User visits a site 4 February 2013 - require third parties to give clear and comprehensive notice to users that; • • they are collecting and using web viewing behavioural data for the purposes of OBA, and how a web user may opt out of collection and use Groups are re-targeted and served specific ads • Must not create ‘segments’ to target under 13s Copyright iCompli Ltd 2014 Re-Targeting and ReMarketing Groups of users formed based on their actions User completes a particular action
  • OBA Focus in the EU Non statutory changes  These are in addition to Privacy  and Electronic Communications (EC Directive) (Amendment) Regulations 2011 (‘Cookie law’) Emergence of self certify ‘Trust Me’ schemes Copyright iCompli Ltd 2014
  • Autumn Tyr-Salvia Email Strategy & Compliance Analyst @aceofemail © 2014 Marketo, Inc. Marketo Proprietary and Confidential
  • Global Privacy Law Page 30 © 2014 Marketo, Inc.
  • Why is spam considered bad? • Receivers pay to receive email • More than 90% of email is spam • = Lots of money wasted! Page 31 © 2014 Marketo, Inc.
  • US Email Law • CAN-SPAM • Does not prohibit sending unsolicited email • Requires functional unsubscribe • Prohibits email fraud Page 32 © 2014 Marketo, Inc.
  • US CAN-SPAM CAN-SPAM: Not terribly effective at reducing unwanted email Page 33 © 2014 Marketo, Inc.
  • Canada Email Law • CASL – Enforcement Starts July 1, 2014! • Requires opt-in o Very specific about opt-in methods • Passive opt-in expires o 6 months for inquiries o 2 years for former customers • Covers all Canadians • Private right of action (2017) Page 34 © 2014 Marketo, Inc.
  • Best Practices • • • Stricter than US law – comply with global antispam community Direct opt-in – not opt-in to a third party data vendor Engage in best practices to get the best results Page 35 © 2014 Marketo, Inc.
  • Cookies • Essential functions: • • • • • Personalization Site preferences Shopping carts Analytics Marketing data • Fears: • 1984 Page 36 © 2014 Marketo, Inc.
  • US Cookie Law • California Privacy Law AB370 • Disclose whether you respect “Do Not Track” • Disclose whether 3rd parties collect PII for you • Have a comprehensive privacy policy Page 37 © 2014 Marketo, Inc.
  • Canada Cookie Law • CASL • Virtually no restrictions on cookie tracking Page 38 © 2014 Marketo, Inc.
  • Australian Privacy Act (1988) Ten National Privacy Principles for handling personal information: • Collection • Use & disclosure • Information quality & security • Openness • Access & correction • Identifiers • Anonymity • Trans border data flows • Sensitive information Permission for email is by Opt-in only, that is Express consent (direct from the recipient) or Inferred consent (a relationship with the customer already exists). Page 39 © 2014 Marketo, Inc.
  • Australian Privacy Act (2014) By March 2014, Australian organisations with annual revenues of over $3Million will need to comply with an amended Privacy Act. These organisations will need to detail how they handle personal information, & understand the changes to when personal information can be used for direct marketing or be sent overseas, for example – • • • An organisation must notify a user of the intended purpose of collecting their information at the point the personal information is collected. Consent must be kept up-to-date & customers should be informed when their data may be used for a different purpose to what was communicated when it was stored. From March 12 if data is disclosed offshore to a 3rd party provider the organisation can be held vicariously liable for any breach by that third party (i.e. a breach by your cloud computing provider is treated as your breach) meaning additional due diligence & bespoke contracts may be required. Page 40 © 2014 Marketo, Inc.
  • New Zealand Privacy Act (1998) Twelve privacy principles: • Collection of personal information (1-4) • Storage & security of personal information (5) • Requests for access to & correction of personal information (6 & 7) • Accuracy of personal information (8) • Retention of personal information (10 & 11) • Use of unique identifiers (12) Permission for email is by Opt-in only, that is Express consent (direct from the recipient) or Inferred consent (a relationship with the customer already exists) Page 41 © 2014 Marketo, Inc.
  • What are our recommendations? OUR ADVICE Copyright iCompli Ltd 2014
  • Top 5 Things you can do now @Duncan_icompli 1. 2. 3. 4. 5. Get your finger on the pulse and start ‘following’ people and organisations who report on changes to privacy law Raise the privacy ‘bar’ in your organisation, get it on the agenda and start to prove the business case by demonstrating TRUST-PRIVACY-SALES go hand-in-hand. Be AWARE of your target audience and their differing privacy attitudes Privacy impact assessments and privacy by design are coming – you might as well start now (see 2 above) Use personal data to deliver demonstrable benefits (‘Genius’). Copyright iCompli Ltd 2014
  • 5 ‘Low hanging fruits’; quick easy privacy impact assessments 1. Revisit your web assets and check what cookies/tags are dropped 2. Confirm they are described/listed in your privacy policy 3. Confirm there is a clear message on ‘first access’ that your site uses cookies and present options to manage/limit collection of data 4. Set your customer record to have a ‘provenance’ field aka ‘where did you get my name from’? 5. Record data provenance on all new contact/leads acquired Copyright iCompli Ltd 2014
  • Questions? Duncan Smith @Duncan_iCompli © 2014 Marketo, Inc. Marketo Proprietary and Confidential Autumn Tyr-Salvia @aceofemail Liz Smyth @lizsmyth