Ecomlex - Data Protection Regulation in Europe for Online and Offline Communication
„Come To Ski in Austria“ – A CaseStudy in Offline Direct Marketing European Marketing Dynamics Summit Brussels, 24/25 Nov. 2011
„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
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
25 November 2011Online marketing: online behavioural advertisingWhats up?
Whats up?Behavioral advertising and consequences for‘Johanna Doe’ Hello!! Female, age 32, single, lawyer Interested in travelling and literature Regular Internet user
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
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
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?
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!
Whats up?Roundtable• In which countries is the cookie regulation implemented and how?• Focus on the differences• Questions?
THANK YOU FOR ATTENDING THIS CONFERENCECONTACTSAustria: Dietmar.Huemer@legis.atBelgium: Tim.VanCanneyt@ffw.comDenmark: firstname.lastname@example.orgFrance: Annabelle.Carton@ffw.comItaly: email@example.comNetherlands: Nicole.Wolters.Ruckert@kvdl.nl