BIMA Breakfast Briefing | GDPR & Why People Say YES to Marketing
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The General Data Protection Regulation: Why do people say yes to marketing? There is a dichotomy between respect for private lives and the data-driven demands of marketing. Hyper personalisation, profiling and programmatic marketing’s ability to deliver pinpoint accurate messaging, must surely drive greater return on marketing investment; but at what cost to an individuals’ right to privacy. What if a law demanded absolute honesty, total disclosure, a revelation of the true intimacy of the data collected, a cathartic proclamation of the true depth of our knowledge, the value of this data, and the profit earned? Never mind what if; it’s here and will be in force in less than two years. This event is about what you can, and should be doing to profit from changes in law and attitudes precipitated by the General Data Protection Regulation. Marketers and agencies must now ask; if people were made to understood what we did in terms of tracking, segmenting, profiling, augmenting, scraping and trading in data about them, would they actively, unequivocally, continually CONSENT to it? If you think the answer is no, you might want to place this question at the top of your to-do list; why people say yes to marketing?
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BIMA Breakfast Briefing | GDPR & Why People Say YES to Marketing
- 1. BIMA Breakfast Briefing GDPR & Why People Say YES to Marketing
- 2. @BIMA #BIMAGDPR Username: Loft Password: ivyclub1
- 3. BIMA Patron Members BIMA Partners
- 4. Paul Stephen CEO at Sagittarius @paulrstephen MODERATOR
- 5. Chris Combemale CEO, DMA Group @chriscomb SPEAKER
- 6. Sue Eustace Director of Public Affairs, Advertising Association @ad_association SPEAKER
- 7. Sue Eustace Director of Public Affairs
- 8. Industry best practice principles – data and privacy 1. Be responsible and accountable • Use people’s personal data fairly • Be accountable for how the organisation uses personal data • Promote the responsible use of personal data in your organisation
- 9. Industry best practice principles – data and privacy 2. Treat personal data with care and integrity • Take all reasonable steps to keep people’s personal data secure • Do not keep it for longer than necessary
- 10. Industry best practice principles – data and privacy 3. Respect people’s choice • Get consent for someone’s personal data • Explain simply and clearly how the person’s data will be used • Ask the person for their marketing preferences • Provide easy ways to contact the organisation
- 11. Industry best practice principles – data and privacy 4. Be honest and fair • Be clear, open and transparent • Never target anyone irresponsibly
- 12. Industry best practice principles – data and privacy 5. Respect people’s privacy • Respect people’s right to privacy • Ensure anyone can easily opt out
- 14. ROBERT BELGRAVE Hosting Security 101
- 18. Sebastien De Cock Technology Partner, DigitasLBi @digitasLBi_UK SPEAKER
- 20. GDPR is coming GDPR BrandsAudiences Partners
- 21. GDPR is coming GDPR ? Serious Complex Uncertain
- 22. Brands In Privacy and Protection we Trust Audiences Partners € £ $ € £ $
- 23. Brands In Privacy and Protection we Trust Audiences Partners
- 24. Brands In Privacy and Protection we Trust Audiences Partners ? ?
- 25. Brands In Privacy and Protection we Trust Audiences Partners ✔✔
- 26. Brands In Privacy and Protection we Trust Audiences Partners ✔✔ € £ $ € £ $
- 27. In Privacy and Protection we Must Comply CMO CPO CEO CSO COO CIO CTO
- 28. In Privacy and Protection we Must Comply CMO CPO CEO CSO COO CIO CTO Audit Compliance
- 29. In Privacy and Protection we Must Comply CMO CPO CEO CSO COO CIO CTO Global Regional Local Media Partners Analysts Vendors Agencies Advertisers Audit Compliance
- 30. In Privacy and Protection we Must Invest ERP CRM … Data & Technology Marketing Clouds Storage & Processing Clouds xDM Assess Plan Enhance Comply
- 31. In Privacy By Design we Aspire
- 32. RISKS COSTS In Privacy By Design we Aspire
- 33. In Privacy By Design we Aspire TRUST & CONTROL
- 34. Lawyer up
- 36. Duncan Smith Principal Trainer, iCompli @icompli SPEAKER
- 37. Copyright iCompli Ltd 2016 FINAL Real world problems from GDPR Audits How can we best guide the industry? GDPR Audits: Lessons from the coal face
- 38. Copyright iCompli Ltd 2016 FINAL Uncertaininty Global Privacy Laws General Data Protection Regulation EU Directives 2002/58/EC Directive on Privacy and Electronic Communications Privacy and Electronic Communications Regulations (as amended) 2003 95/46/EC Data Protection Directive The Data Protection Act 1998 33/31/EC E-Commerce Directive The Electronic Commerce (EC Directive) Regulations 2002 X ? Changes!! B2B opt-out or in?
- 39. Copyright iCompli Ltd 2016 FINAL PROFILING: ‘Firstcarquote’ stumbles
- 40. Copyright iCompli Ltd 2016 FINAL Devil in the detail! (Recital 71) The data subject should have the right not to be subject to a decision, which may include .. evaluating personal aspects relating to him or her which is based solely on automated processing and which produces legal effects .. without any human intervention. Such processing includes ‘profiling’ .. automated processing of personal data evaluating the personal aspects .. , in particular to analyse or predict aspects concerning the data subject's .. economic situation, health, personal preferences or interests, reliability or behaviour.
- 41. Copyright iCompli Ltd 2016 FINAL Lawful MUST pass one of SIX tests Consent for specific purposes Controller’s legitimate interests Contractual necessity Controller bound by legal obligation Protect vital interests Public interest, official duty
- 42. Copyright iCompli Ltd 2016 FINAL Consent un-bundling If consent is given in the context of a written declaration which also concerns other matters, the request for consent shall be presented; in a manner which is clearly distinguishable from the other matters, in an intelligible and easily accessible form, using clear and plain language.
- 43. Copyright iCompli Ltd 2016 FINAL Consent un-bundling #2 When assessing whether consent is freely given, utmost account shall be taken of whether, inter alia, the performance of a contract .. is conditional on consent to the processing of personal data that is not necessary for the performance of that contract.
- 44. Copyright iCompli Ltd 2016 FINAL
- 45. Copyright iCompli Ltd 2016 FINAL Do I have to re-consent? (Recital 171) Processing already under way on the date of application of this Regulation should be brought into conformity with this Regulation within the period of two years after which this Regulation enters into force i.e. 25th May 2018. Where processing is based on consent pursuant to Directive 95/46/EC, it is not necessary for the data subject to give his or her consent again if the manner in which the consent has been given is in line with the conditions of this Regulation..
- 46. Copyright iCompli Ltd 2016 FINAL Legitimate interest The Articles say I can process on the basis of legitimate interest The recitals say direct marketing is a legitimate interest When can I use this? Direct Marketing Fundamental rights and freedoms
- 47. Copyright iCompli Ltd 2016 FINAL About your speaker and iCompli® iCompli® Limited Duncan Smith Main: 0844 88 44 235 email: duncans@icompli.co.uk Web: www.icompli.co.uk Twitter: @icompli GDPR change programs In-company training ‘Keynote’ speaker
- 48. BIMA Breakfast Briefing GDPR & Why People Say YES to Marketing
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- LEARNING OBJECTIVE(S) Position the General Data Protection Regulation in EU context Explain how Brexit is likely to result in the UK adopting the General Data Protection Regulation Demonstrate that a Regulation has DIRECT EFFECT whilst Directives require enactment by national legislation i.e. we are all doing the same thing across CEL
- LEARNING OBJECTIVE(S) Delegates should understand which of the 6 lawful tests they are relying upon when generating leads Recognise that ‘legitimate interests’ is unlikely to satisfy a requirement for lawful processing because of over-riding interests