The document summarizes key points about data protection laws and how they apply to marketing. It discusses the Data Protection Act of 1998, the 8 principles of processing personal data, requirements for obtaining consent for marketing, and challenges of obtaining opt-ins from existing customers. It also notes potential changes coming from a proposed new European Data Protection Regulation that would strengthen requirements around consent and notification of data breaches.
EU General Data Protection: Implications for Smart Meteringnuances
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The Information Commissioner calls - what to expect and how to react, May 201...Browne Jacobson LLP
This workshop covered ICO investigations into breaches of the current Data Protection Act 1998 and the Privacy and Electronic Communications Regulations 2003 (as amended).
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You don't need to work at a large internet company like Facebook, Google or Amazon to be affected, or responsible for data protection.
As part of the travel & tourism industry, you probably have personal data on your guests such as name and email address at the very least. You may also have highly sensitive data such as financial details, date of birth and passport details.
The introduction of the new privacy regulation called the GENERAL DATA PROTECTION REGULATION, or GDPR, comes into effect from 25th May 2018.
This webinar aims to help you understand what your obligation in how you deal with the data from the customers, the penalties and risks for non-compliance and, most importantly, a step by step roadmap to becoming GDPR compliant as a small business owner in the holiday rental industry.
Alongside tips and practical advice, the webinar will explore the opportunities that the introduction of the new data protection law can have for you in the travel & tourism industry.
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Introduction and overview to GDPR
GDPR and the Holiday Rental Industry
GDPR and You - Responsibilities, risks and benefits
Roadmap to GDPR compliance
GDPR applies to all businesses and organisations, big or small, offering products or services to citizens in the EU. Show your customers that you are committed to treating their personal data with respect and consideration by understanding how to become GDPR-ready for 25th May 2018.
GDPR will replace national data protection laws of all 28 EU member states in May 2018 and is applying to any organization that processes data of EU data subjects.
GDPR and evolving international privacy regulationsUlf Mattsson
Convergence of data privacy principles, standards and regulations
General Data Protection Regulation (GDPR)
GDPR and California Consumer Privacy Act (CCPA)
What role does technologies play in compliance
Use Cases
EU General Data Protection: Implications for Smart Meteringnuances
This presentation provides the reader with an insight into the politics of EU Data protection as well as an overview of the key stakeholders. We focus on the implication for the smart metering industry.
The Information Commissioner calls - what to expect and how to react, May 201...Browne Jacobson LLP
This workshop covered ICO investigations into breaches of the current Data Protection Act 1998 and the Privacy and Electronic Communications Regulations 2003 (as amended).
We covered the following topics:
- the ICO’s powers, procedures and policies
- recent cases and ICO priorities
- your rights and obligations
- the benefits and pitfalls of proactive breach notification
- areas of risk and how to address them
- protecting legal privilege
- managing the risks under the Freedom of Information Act, and
- the major changes brought in by the forthcoming General Data Protection Regulation.
As a follow up to our recent GDPR event, we have compiled a few frequently asked questions and answers to help you further understand what is expected when GDPR is introduced on the 25th May 2018.
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What is GDPR? As a holiday rental property owner, Airbnb host or holiday rental agent, why does it matter to you?
You don't need to work at a large internet company like Facebook, Google or Amazon to be affected, or responsible for data protection.
As part of the travel & tourism industry, you probably have personal data on your guests such as name and email address at the very least. You may also have highly sensitive data such as financial details, date of birth and passport details.
The introduction of the new privacy regulation called the GENERAL DATA PROTECTION REGULATION, or GDPR, comes into effect from 25th May 2018.
This webinar aims to help you understand what your obligation in how you deal with the data from the customers, the penalties and risks for non-compliance and, most importantly, a step by step roadmap to becoming GDPR compliant as a small business owner in the holiday rental industry.
Alongside tips and practical advice, the webinar will explore the opportunities that the introduction of the new data protection law can have for you in the travel & tourism industry.
The presentation agenda will cover:
Introduction and overview to GDPR
GDPR and the Holiday Rental Industry
GDPR and You - Responsibilities, risks and benefits
Roadmap to GDPR compliance
GDPR applies to all businesses and organisations, big or small, offering products or services to citizens in the EU. Show your customers that you are committed to treating their personal data with respect and consideration by understanding how to become GDPR-ready for 25th May 2018.
GDPR will replace national data protection laws of all 28 EU member states in May 2018 and is applying to any organization that processes data of EU data subjects.
GDPR and evolving international privacy regulationsUlf Mattsson
Convergence of data privacy principles, standards and regulations
General Data Protection Regulation (GDPR)
GDPR and California Consumer Privacy Act (CCPA)
What role does technologies play in compliance
Use Cases
The GDPR changes are fast approaching and time is running out to prepare yourself and your data. GDPR is an important topic that you will need to know inside out for your business and marketing to succeed. CommuniGator can help you get fully prepared for its arrival.
We are here to answer YOUR GDPR questions to arm you with everything you need to ensure you are compliant come May 2018.
Find out how the new data law will affect your B2B marketing abilities. We answer all your questions with a Q&A section from our experts in the field – so you can really get to grips with the changes.
We cover:
- The good the bad and the ugly of GDPR
- Your own checklist to becoming compliant
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- Answers to your burning questions!
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Data protection janine paterson - direct marketing association
1. Institute of Fundraising
Supporter Care &
Stewardship
Friday 21st September 2012
Data Protection
Janine Paterson
DMA Solicitor
2. Overview
• Data Protection Act
• Marketing
• Potential changes in the future
3. Data Protection Act 1998
• Privacy - a topic in the UK and Europe for over
60 years
• Data Protection Act 1984 – minimum
implementation in the UK
• 1995 Data Protection Directive – became DPA
1998
• Privacy and Electronic Communications
Regulations 2003 and 2011
4. 8 Principles
Personal data are:
• Processed fairly and lawfully
• Processed only for specified and lawful purpose(s)
• Adequate, relevant and not excessive
• Accurate and up to date
• Not kept longer than necessary
• Subject to rights of data subjects
• Technical/organisational means to prevent unlawful or
unauthorised processing
• Transferred outside EEA only if adequate security
• All relevant to marketing but 1 is foundation
5. Principle 1
Personal data shall be processed fairly
and lawfully and, in particular, shall
not be processed unless-
(a) At least one of the conditions in
Schedule 2 is met, and
(b) In the case of sensitive personal data,
at least one of the conditions in
Schedule 3 is also met
6. Collecting and using data for
marketing
• Processing – doing anything with data
• Collecting and using data for marketing
is processing
• Need grounds to process
• Marketing – consent
• Problem with consent – it can be
withdrawn
• If withdrawn then you can not process
the data for marketing
7. Marketing data
Many ways to acquire personal data for
marketing purposes
– Direct from consumer
– Bought in/rented lists
– Survey sponsorship
8. Marketing rules
General rules – B2C
• Direct Mail – opt-out
• Telephone – opt-out
• Email – opt-in
• SMS – opt-in
• Fax – opt-in
9. Email/SMS marketing
Soft opt-in/existing customer exemption
• Exemption applies if all the conditions apply
• 1) Email or mobile number was acquired in the
course of a sale or negotiations for goods or
services
• 2) Unsubscribe from marketing offered at time
of collecting data and on all subsequent
messages
• 3) Marketing must be only about similar goods
and services
• 4) Identity of sender is not disguised
10. Charitable donations
• Do not come within the definition of the
exemption so opt-in for email and SMS
• ICO confirms view in guidance:
We are a charity, political party, or not-for
profit organisation; can we take advantage
of ‘soft opt-in‘?
Only if you are promoting commercial goods and
services, for example, those offered by your
trading arm.
ICO guidance on electronic marketing
11. So what to do?
• ICO recognise the difficulty this causes.
• Argue that organisations should seek
“solicited” communications, ie get
people to actively agree to being
contacted – permission based
marketing
• Send messages to people who actually
want to hear from you
12. Permission based marketing
• Don’t see it as the enemy
– Comply with legal requirements
– Good data management
– Increase customer confidence and
therefore the bottom line
14. Good data management
• Makes good business sense – data is
an asset and can give a competitive
edge
• Data quality is vital to the success of
any business
• Affects reputation and brand
16. How can we achieve this?
• New customers
– easiest as can show benefits
– over telephone or on a website sell
the benefits of agreeing to be
contacted
– Privacy policy
17. How can we achieve this?
• Existing customers
– more difficult – should have got opt-in when
first joined
– Database update – service message
• Duty to keep information held accurate and up to
date
• Confirm marketing preferences
• Incentive - prize draw
– Instil confidence in your customers that you
respect their data and protect it
18. Telemarketing
• Legal requirements for B2C
• In-house suppression file
• TPS screening for all new numbers
acquired if applicable
• TPS screening if buy in/rent third party
opt-ins where organisation was not a
named third party
19. The future
1995 European Directive ( implemented into UK
by 1998 Data Protection Act ) showing its
age due to:
1) Law doesn’t take account of new
technologies – and more complex
information networks
2) Lack of common European law and
differences in national implementation
impedes marketing
3) Consumer concern over privacy – high profile
data security breaches, etc. leading to
reducing permission to market
20. Data Protection Regulation - Key
issues
• Opt-in and opt–out - obtaining consent
• General rule for direct marketing –
“explicit consent by clear statement or
affirmative action”
• Legacy databases – what about data
collected under current law?
• At odds with existing rules on voice
calls, email and SMS marketing
21. Data Protection Regulation - Key
issues
• IP addresses and cookies
– Definition of personal data extended so
could cover some IP addresses and
cookies
– But IP addresses identify a device not an
individual + some IPs are general
• Right to be forgotten
– Right for individuals to request
organisations to delete any information held
on them
– Drafted with social media in mind – but
goes beyond this
22. Data Protection Regulation - Key
issues
• Data breach notification
– Every organisation that suffers a data
security breach would have to notify
Information Commissioner’s Office and the
individuals concerned within 24 hours
– Increase in fines/sanctions – in stages, of
up to 2% of global turnover or 1 million
euros
• Marketing to children
– General rule – parental consent required for
under 18’s
– Exception for online marketing to children
above age of 13
23. What the DMA are doing
• Federation of European Direct and Interactive
Marketing Associations (FEDMA) in Brussels
leading collective EU dm effort – UK DMA chairs
Legal Affairs Committee
• Lobbied Commission intensively after unofficial
draft leaked in Dec 2011 – with some success
• Responded to Ministry of Justice’s Calls For
Evidence in 2010 and 2012, with input from DMA
members.
• Responded to Commons Justice Select Committee
inquiry – Select Committee now holding hearings
24. What the DMA are doing
• Now lobbying UK Government and European
institutions as the proposal goes through the
European legislative process
• Leading UK Data Industry Group response to
the proposed legislation & participating in CBI
Group on Data
• Key research on consumer attitudes to
privacy, Data Privacy: What the Consumer
Really Thinks and on the economic value of
the dm industry, Putting a Price on Direct
Marketing
25. Summary
• Data protection rules not there to hinder
you or stop you running your business
• Use them to build confidence in your
organisation
• Start the dialogue with those who want
to hear
• Involves everyone in the organisation
• Join the DMA and help shape the future
26. Thank you for listening
Janine Paterson
DMA Solicitor
E: janine.paterson@dma.org.uk
T: 020 7291 3356