The document provides the agenda for the "Data Protection 2013" conference. The agenda includes: - Welcome and introduction from the chair - Keynote speech from the Information Commissioner - Panel on the new EU data protection legal framework and its impact on direct marketing - Presentations on how businesses can address privacy challenges and future trends - Closing remarks and networking lunch The conference focuses on discussing the proposed new EU data protection regulation and its implications for businesses that use customer data, especially in direct marketing.

1. Data protection 2013
Data Protection 2013
Friday 8 February
Friday 8 February
#dmadata
#dmadata
Supported byby
Supported

2. Agenda
8.30am Registration and breakfast
9.15am Welcome from the Chair
David Reed, Editor, DataIQ
9.25am Keynote address
Christopher Graham, Information Commissioner
10.10am Questions
10.15am The new EU Data Protection legal framework – Changes and
impact on the direct marketing industry
Mathilde Fiquet, EU Legal Affairs Adviser, FEDMA
Caroline Roberts, Director of Public Affairs, DMA
10.45am EU data protection: What can you do to make a difference?
Chris Combemale, Executive Director, DMA
10.55am Questions
11.00am Refreshments and networking
11.20am Rising to the privacy challenge
Richard Beaumont, Head of Service Development, Cookie Collective LLP
11.50am Future forward – A look ahead
David Coplin, Chief Envisioning Officer, Microsoft
12.35pm Questions
12.55pm Closing comments from Chair
David Reed, Editor, DataIQ
1.00pm Lunch and networking

3. Welcome from the Chair
David Reed, Editor, Data IQ
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4. Keynote address
Christopher Graham, Information Commissioner
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5. Questions
Please put your questions to our speakers!
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6. The new EU data protection legal
framework – changes and impact on
the direct marketing industry
Mathilde Fiquet, EU Legal Affairs Adviser, FEDMA
Caroline Roberts, Director of Public Affairs, DMA
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7. The new EU Data
Protection Legal
Framework
Caroline Roberts – Director of Public Affairs, DMA UK
Mathilde Fiquet – EU Legal Affairs Adviser, FEDMA
Mathilde Fquet

8. What is FEDMA?
•Federation of Direct and Interactive Marketing
Introduction
What is FEDMA •Membership - national associations and
New rules and companies
Impact on Direct
Marketing
•Defending the interest of direct marketing in
DMA view
Brussels
The EU decision-
making process
•Involved in data protection discussions for more
Timing
than 20 years
Current position
The DMA’s actions • With industry self regulation codes of conduct
approved by the Article 29 Working Party

9. Introduction
Introduction
Why now?
New rules and
impact on Direct
Marketing
What is being proposed and why is it
DMA view
important?
The EU decision-
making process
Timing
The EU decision-making process
Current position
The DMA’s actions
Timing
DMA and FEDMA lobbying activity

10. Why now?
1995 European Directive (implemented into UK by
1998 Data Protection Act) showing its age…
Introduction
New rules and 1) New technologies and more complex
impact on Direct
Marketing information networks
DMA view
2) Lack of common European law and differences
The EU decision-
making process in national implementation
Timing
3) Consumer concern over privacy
Current position
The DMA’s actions 4) Data protection now fundamental right under EU
Charter of Fundamental Rights

11. The European
Commission’s proposal
Introduction
New rules and
•The General Data Protection Regulation
impact on Direct as opposed to a directive
Marketing
DMA view
•For the Online World
The EU decision-
making process
Willing to address all issues raised by
technological developments
Timing
Current position
The DMA’s actions
•Lack of understanding
of the direct marketing industry, how
we process data and do profiling

12. Impact on
direct Marketing
•Potential opt-in for all communication channels
Introduction
•Potential ban of profiling
New rules and
•Potential ban on list trading and lead
impact on Direct
Marketing
DMA view generation
The EU decision-
making process •Consent would have to be explicit
Timing
Current position
•New information requirements and rights of
the data subject, e.g Right to be Forgotten
The DMA’s actions

13. DMA view
Introduction
We welcome aim to update law, protect consumers
New rules and and simplify bureaucracy BUT……….
impact on Direct
Marketing
DMA view of
• Proposals do not achieve that
proposals
The EU decision- •Fairer balance needed
making process
Timing •Will stifle innovation, add to costs and place
Current position unnecessary obstacles to e-commerce jobs growth
The DMA’s actions
•Particularly harmful to SMEs

14. The process of EU
decision-making
Introduction
 New rules and
impact on Direct
Marketing Proposes
DMA view Legislation
EU decision-
making process
Timing
Current position
The DMA’s actions Codecision
Adoption
FEDERATION OF EUROPEAN DIRECT AND INTERACTIVE
MARKETING Into National Law

15. Timing in the
EU institutions
•Commission proposal for a Regulation in
January 2012
Introduction
New rules and
impact on Direct
• Parliamentary lead committee draft report:
Marketing 9 Jan 2013
DMA view •Deadline for tabling amendments: 27 Feb 2013
The EU decision-
making process •Expected vote in leading committee: April 2013
Timing •Trialogue with Council: Autumn 2013
Current position
•Expected plenary vote (1st reading): End 2013
The DMA’s actions
•Takes effect: 2 years after adoption – 2016?

16. Current position
– Council of Ministers
 Council of Ministers Working Group (DAPIX)
Introduction
meeting monthly
New rules and
impact on Direct  Initial indications that UK Government (and
Marketing
others) taking helpful and business-friendly
DMA view
stance
The EU decision-
making process
Timing
 Many object to delegated acts; find it too
prescriptive and would prefer a more
 Current position
principles- based approach
The DMA’s actions
 UK pushing for a directive, rather than a
regulation – as is Germany

17. Current position
- Commission
• 4th Dec 2012 – Commissioner Viviane Reding
Introduction
spoke in European Parliament
New rules and
impact on Direct • Said Commission willing to look at:
Marketing
• More risk-based approach with focus on
DMA view
type of data being processed
The EU decision-
making process • Less prescription – although no detail
Timing
• Some exemptions for SMEs?
Current position
• Overall principles must be same for
both public and private sectors
 The DMA’s actions
• Delegated and implementing acts –
self-regulation perhaps for some?

18. UK – Commons Justice
Select Committee
Introduction • DMA submitted evidence to Enquiry
New rules and • Focus on bureaucratic burdens,
impact on Direct
Marketing benefits of harmonisation, Right to be
DMA view Forgotten
The EU decision-
• ICO: “it cannot work”…”a regime no-
making process one will pay for”.
Timing • Report says: “We believe the
Current position Commission needs to go back to the
The DMA’s actions
drawing board and devise a regime
which is much less restrictive”

19. Ministry of Justice
 Disagrees with Commission’s 2.3bn Euro savings –
burdens imposed will far outweigh net benefits: in
Introduction
UK cost @ £100-360 million
New rules and
impact on Direct
 Many unintended consequences, esp for SMEs
Marketing  Changes to consent, profiling & definition of
DMA view personal data particularly costly to industry
 Likely knock-on effects for growth in technological
The EU decision-
making process sector and internet economy
Timing
 Regulatory Impact Assessment quotes DMA’s
figures & examples
Current position
 Impact on behavioural advertising
The DMA’s actions
 Creates unrealistic expectations for consumers –
R2BF proposal is “unworkable”

20. Key lobbying messages
• Data is essential for economic growth
Introduction
New rules and
impact on Direct • Transparent and responsible use of
Marketing
data is a vital business practice
DMA view
The EU decision-
making process • The proposed Regulation is bad for
Timing consumers
Current position
The DMA’s • Need a proportionate data regime that
actions
recognises that not all data is the same

21. Lobbying activity
Introduction
• Lobbying UK Government & European institutions as
New rules and
impact on Direct the proposal goes through
Marketing
DMA view • DMA working with FEDMA & other alliances – for
The EU decision-
collective lobbying of Council and Parliament
making process
Timing • Leading UK Data Industry Group response to the
Current position
proposed legislation & participating in CBI lobbying
The DMA’s
actions • Research on consumer attitudes to privacy and on
economic value of the dm industry.

22. Lobbying activity
• Contact with key UK MEPs
Introduction
• Promoting suggested amendments to Regulation –
New rules and
impact on Direct to UK MEPs and via FEDMA to others
Marketing
DMA view • Lobby UK political leaders to influence their MEPs
The EU decision-
in EU Parliament
making process
Timing • Continue to engage with key Commission, Council
Current position
and Parliament civil servants and advisers
The DMA’s
actions • Providing DMA members with toolkit for lobbying
MEPs

23. Lobbying activity
 FEDMA co-ordinating lobbying by DMAs in 27
Member States
Introduction
New rules and
impact on Direct  Meetings in Brussels with key individuals in
Marketing Council, Commission & Parliament, e.g. Council
DMA view Working Group; key MEPs & advisers; party groups
The EU decision-
making process  FEDMA position papers on priorities for industry +
Timing
draft amendments to text
Current position
 Lobbying directly where there is no national DMA
The DMA’s
actions
 Data Industry Platform & Industry Coalition on
Data Protection - collective lobbying

24. EU Data Protection:
What can you do to make a difference?

25. What does it mean for you?
• The end of one to one marketing as we know it
• Less targeted and more generic communication
• £47 billion of lost sales
• More admin costs for business
• Reduced innovation

26. What could it mean for you?
• Online marketing
– Analytics impossible as no tracking of IP addresses
– Profiling is very limited without the explicit
consent of the consumer
– Tailored online experiences will require explicit consent
– Ads can no longer be targeted to individuals
– Data can no longer be used to target
future marketing activity
– Debate over whether legacy data will have to comply
with the new rules

27. What could it mean for you?
• Data industry
– Most current activities will become heavily restricted
– Data will become impractical and expensive both to
source and keep up-to-date
– Legacy data might be required to comply with new
regulation, prospect lists could be decimated
– List broking severely restricted

28. What could it mean for you?
• Direct mail
– Move from opt-out to opt-in: explicit consent
needed to send any message to any recipient,
with the exception of existing customers
– Existing databases may not be usable under
regulation: could decimate prospect lists
– Demographic information will have to be wiped

29. What could it mean for you?
• Telemarketing
– Move from opt-out to opt-in
– No cold calling to prospective customers
– No profiling or segmentation without individual
consumer's consent

30. What could it mean for you?
• Email marketing
– No tracking data allowed without explicit consent,
making effectiveness extremely difficult and
unreliable to measure
– Profiling and segmentation will become difficult
and patchy
– Tailored content will be hard to target and harder
still to measure

31. What can you do?

32. DMA lobbying toolkit

33. Lobby your MEPs

34. Lobby your MEPs

35. Write to your MEPs
• Stand up for your business in 4½ easy steps:
1. Multiple MEPs represent your region,
and each one has a say so contact them all
2. Template letters carry little weight: send a personal letter
– Tell them who you are, where you're based, what your business
does, how many people it employs and the approximate value of
your business and its contribution to the local economy
3. State your business view:
– how much your business relies on customers' data and
– what your prospects would be like if it was taken away
4. Ask them to fight for the fair interests of business
4½. If you can visit your MEP(s) in person.

36. Next steps
• DMA will continue to lobby in
Council of Ministers
– UK-working with AA and all industry bodies
– Working with Fedma and European Data Industry
Platform on lobbying other EU countries
• Members lobby EU Parliament
– Lobby MEPs in your region
– Lobby UK MEPs on key committees

37. Questions
Please put your questions to our speakers!
#dmadata

38. Refreshments and networking
#dmadata

39. Rising to the privacy challenge
Richard Beaumont, Head of Service Development, Cookie Collective LLP
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40. Who We Are
The Cookie Collective is specialist provider of practical cookie law and online
privacy solutions for website owners.
Governor Technology is a web development agency, specialising in .NET
technology development, Umbraco CMS websites, full service email
marketing, and Windows 8 app development

41. Does anybody like the
proposed DP reform?

42. Does anybody like the
proposed DP reform?
• UK Gov’t – too prescriptive
• ICO – cuts off their income

43. Does anybody like the
proposed DP reform?
• Business – stifles innovation,
increases costs
• Privacy Groups – doesn’t go far
enough

44. Do we need change?

45. Do we need change?
• Mistrust of business use of
personal data is increasing.
• 43% British consumers don’t trust
businesses with their information
online
(2013 Truste Privacy Index)

46. AND…
• 91% of consumers say they avoid
doing business with companies
they do not believe are protective
of their online privacy

47. The Privacy Arms Race
• The most popular add-on for
Firefox is an ad-blocker.
• 8% of desktop, and 20% of mobile
FF users have DNT on.

48. How many brands can
afford to ignore the
expressed preferences of
that many customers?

49. Google?
Facing a group action for
bypassing privacy settings
in Apple’s Safari browser

50. The EU believes that clear,
consistent rules and strong
consumer protections will
boost both trust and
growth.

51. Predictions:
• Greater privacy protection is
inevitable
• Disruption to existing practices and
business models is highly likely.
• Digital marketing will be
particularly impacted

52. 3 Key Changes
1. Practices will need to be more
transparent
2. Obtaining data will be more
difficult
3. There will be increased
responsibility for curating data

53. Transparency
Privacy policies are long and
unreadable, often deliberately
Only 22% of US consumers trust
privacy policies as sources of
guidance.

54. Change: Easy to Read
Privacy Policies
Layered Information
Standardised Privacy Icons

55. Mozilla/Disconnect Icons
• Work in progress
• Released under creative commons

56. Obtaining Data
• Reduction in amount of data
collected is a key intended
consequence of the regulation.
• Especially ‘un-volunteered’ data.

57. Two practical responses
• Increase the rate at which people
will volunteer data
• Obtain greatest value from data
collected.

58. Increasing Opt-in
Expect to see more and clearer
examples of explicit value exchanges
Lots of information sites already
require registration to access high
value services

59. Increasing Opt-in
Rise of direct financial exchange
loyalty schemes
www.quidco.com
www.topcashback.co.uk

60. Legitimate Interests
Gives greater freedom to first parties
Lead to a rise in first party targeting
technologies
Changes in balance of relationships,
not user experience

61. Increasing Value: Big Data
Is the reform then enemy of big data?
Creates smaller data sets, fewer
connected data points

62. Increasing Value: Big Data
Limiting factor is actually the amount
being analysed, not collected.
Total amount of data on the web has
doubled in the last 2 years.
Barely 1% of that is being analysed

63. Increasing Value: Big Data
Limiting collection incentivises better
economic use of that which is
collected.
Could easily lead to an increase in
overall value, even is volume
decreases.

64. Curating Data
Big changes here are in the B2C
interface:
• Free subject access requests
• Right of Data Portability
• Right to be forgotten

65. Curating Data
Expect new and updated software
products and services to reduce costs:
• Web interfaces for requests
• Direct access and control

66. Curating Data
Right to be forgotten particularly
difficult. Even within a single
organisation.
Will need new products to automate
finding and deletion of data across
business systems

67. A Cautionary Last Note
Change is inevitable in any market
sector.
Sometimes it pays to fight it, but you
also need to know when to start
adapting.

69. Future forward – A look ahead
Dave Coplin, Chief Envisaging Officer, Microsoft
Please find these slides at
www.slideshare.net/SarahWright/future-forward-dma
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70. Questions
Please put you questions to our speakers!
#dmadata

71. Closing comments from Chair
David Reed, Editor, DataIQ
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72. What does data sharing mean to
consumers?
Wednesday 27 February 2013
Leading brands including Virgin Insight discuss how marketers can gain
their customers trust and earn their data.
Visit the reception desk for more information
Sponsored by

73. Lunch
Please join us for a bite to eat – DMA staff are on hand to answer
any of your questions.
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