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5) How charities can protect themselves against data reform - ‘Emerging Digital Trends & Opportunities for Charities’

Steve specialises in compliance for digital marketers, is a member of the DMA Email Council, has authored the DMA email marketing deliverability best practice guide and was recently recognised by Litmus as an email marketing thought leader in the area of deliverability and privacy.

In his Now and Next presentation, Steve will be talking about the EU and UK data protection reforms and what these changes mean now and in the near future for digital marketing within charities.

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5) How charities can protect themselves against data reform - ‘Emerging Digital Trends & Opportunities for Charities’

  1. 1. Now and Next Data Protection Reform and Digital Marketing in Charities
  2. 2. THINGS TO COVER Data protection laws regulate the use of personal information and marketing. These laws have changed and are continuing to change What is the impact of these changes to email and direct marketing? What early steps can be taken?
  3. 3. DATA PROTECTION ACT Personal data must be used fairly and lawfully Personal data must only be used for specified purposes Stored personal data must be adequate, relevant and not excessive Continued >
  4. 4. DATA PROTECTION ACT Personal data must be kept accurate and up to date Personal data must not be kept longer than necessary Individuals must have the right to understand and change how their personal data is used
  5. 5. Data Protection Act CORE PRINCIPLES
  6. 6. CANADIAN CASL US CAN-SPAM UK DATA PROTECTION ACT JAPAN ANTI SPAM RUSSIAN LAW “ON PERSONAL DATA”
  7. 7. OECD CORE PRINCIPLES • Collection Limitation • Data Quality • Purpose Specification • Use Limitation • Openness Ref: OECD Guidelines on the Protection of Privacy and Transborder Flows of Personal Data
  8. 8. 1. Opt-in consent for all marketing, including for B2B marketing, post and telephone marketing 2. The end of unprovable/undocumented third-party marketing lists 3. The Right to be Forgotten EU GDPR: DATA REFORM
  9. 9. 4. Clear language 5. Individual right to claim compensation 6. Fines up to €100 million or 5% annual income (whichever is larger) EU GDPR: DATA REFORM
  10. 10. 7. Enforcement régime instead of self-regulation 8. International co-operation and enforcement EU GDPR: DATA REFORM
  11. 11. 1. Our guide to what’s coming 2. Data collection & consent 3. Processing & storing data 4. What campaigns can you send? 5. Translating the changes to your donors 6. The right to be forgotten FULL DETAILS ONLINE communicatorcorp.com/resources
  12. 12. Results in • Increased risk of legal/financial claim • Higher costs of legal/financial claim Which means you need to • Be transparent • Use simple language • Data collection methods which are traceable • Record and store proof for quick response WHAT THIS MEANS Changes • Fines by default • Clear consumers rights • Easier compensation HIGHER FINES
  13. 13. WHAT THIS MEANS THE RIGHT TO BE FORGOTTEN Results in Must be able to delete: • Donor Names • Address • Purchase • Browsing & Payment Details From: • Websites • Accounts • Stock Systems • Analytics • Marketing & Databases Consider • Guest donations and purchases • 3rd Party payment services • Profile creation should be based on value Changes • Donors have the right to make anonymous donations and purchases • Donors have the right to have their information deleted
  14. 14. Onus on decision makers • More responsibility and accountability for managers and directors • More powers for ICO • Self-regulate or get more regulation + enforcement Google v. Vidal-Hall • No need for proof of financial harm • IP and device are “personal information” 3rd party data focus • 6 month cap on 3rd party data consent • “Chain unsubscribe” process required (unsubscribe from all underlying source lists) IoF and FRSB • Following its rules will be compulsory • Standardised opt-out statements • “OUGHT” to be “MUST” Court and ICO Powers • Unlimited fines for firms and individuals • More powers for ICO • 45 Investigations, 7 firms being monitored and 20 third-party data notices Exposé into Data Industry • Not just fines, but criminal investigation • ICO Investigation into websites and high street brands supplying data UK DATA PROTECTION NEWS
  15. 15. TIMELINE NEXT2014 LATE Investigation into nuisance calls and spam texts More enforcement powers Focus on marketing data industry Where else collects, sells or uses consumer data? High street brands and popular websites Focus on Charity Industry 2015 MAY 2015 JUNE
  16. 16. • Reliance on volunteers: • High turnover • Understanding of Data Protection issues • Only about a third of charities provided data protection notices • Over half didn’t have data retention/deletion processes • A third of charities lacked processes to maintain accuracy and relevancy Specific Challenges
  17. 17. • For any personal data you store and use, you must have a clear business need or explicit permission • When relying on permission, make sure you can prove it • The older the data, or the more removed it is from that original purpose, the more difficult it is to prove that consent is valid GENERAL RULES
  18. 18. • Where do you collect your donor data? • What personal, preference, behavioural or purchase data do you collect about, or from your donor? • How much of that data is actually used? • Do your donors know that you collect and use their data in that way? • When do you delete that data? THINGS TO CONSIDER NOW
  19. 19. • How do your donors subscribe or opt in? • Specifically, for what does your consent cover? • Is subscription or opt-in a genuine choice? • Does consent cover how you actually use your donor data? • Do you use 3rd party data, or supply data vendors? • If you were asked today, what consent can you prove? THINGS TO CONSIDER NOW
  20. 20. • Collect explicit consent for new donors • Re-confirm consent and preferences for existing donors THINGS TO CONSIDER NOW
  21. 21. • B2B Opt-in • IP address and other identifiers as personal data • Clear language • Anonymous reporting data to allow data deletion • The right to be forgotten • Anonymous purchases THINGS TO CONSIDER NOW
  22. 22. BIG HEADLINES NOT BIG CHANGES NEW FINES AND ENFORCEMENT MEAN YOU MUST BE ABLE TO JUSTIFY DATA USE AND PROVE CONSENT. IOF CODE Reform
  23. 23. THANK YOU ANY QUESTIONS? Download our free guides at… www.communicatorcorp.com Tweet us… @CommCorp @EasyInbox #EUDP

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Steve specialises in compliance for digital marketers, is a member of the DMA Email Council, has authored the DMA email marketing deliverability best practice guide and was recently recognised by Litmus as an email marketing thought leader in the area of deliverability and privacy. In his Now and Next presentation, Steve will be talking about the EU and UK data protection reforms and what these changes mean now and in the near future for digital marketing within charities.

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