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Data protection 2013
   Data Protection 2013
   Friday 8 February
         Friday 8 February
   #dmadata
        #dmadata



     Supported byby
        Supported
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
Welcome from the Chair
David Reed, Editor, Data IQ


#dmadata
Keynote address
Christopher Graham, Information Commissioner



#dmadata
Questions
Please put your questions to our speakers!


#dmadata
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

#dmadata
The new EU Data
             Protection Legal
                  Framework

Caroline Roberts – Director of Public Affairs, DMA UK
  Mathilde Fiquet – EU Legal Affairs Adviser, FEDMA
                            Mathilde Fquet
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
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
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
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
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
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
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
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?
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
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?
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”
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”
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
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.
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
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
EU Data Protection:
What can you do to make a difference?
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
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
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
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
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
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
What can you do?
DMA lobbying toolkit
Lobby your MEPs
Lobby your MEPs
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.
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
Questions
Please put your questions to our speakers!


#dmadata
Refreshments and networking

#dmadata
Rising to the privacy challenge
Richard Beaumont, Head of Service Development, Cookie Collective LLP


#dmadata
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
Does anybody like the
proposed DP reform?
Does anybody like the
proposed DP reform?
•   UK Gov’t – too prescriptive
•   ICO – cuts off their income
Does anybody like the
proposed DP reform?
•   Business – stifles innovation,
    increases costs
•   Privacy Groups – doesn’t go far
    enough
Do we need change?
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)
AND…
• 91% of consumers say they avoid
  doing business with companies
  they do not believe are protective
  of their online privacy
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.
How many brands can
afford to ignore the
expressed preferences of
that many customers?
Google?

Facing a group action for
bypassing privacy settings
in Apple’s Safari browser
The EU believes that clear,
consistent rules and strong
consumer protections will
boost both trust and
growth.
Predictions:
• Greater privacy protection is
  inevitable
• Disruption to existing practices and
  business models is highly likely.
• Digital marketing will be
  particularly impacted
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
Transparency
Privacy policies are long and
unreadable, often deliberately

Only 22% of US consumers trust
privacy policies as sources of
guidance.
Change: Easy to Read
Privacy Policies
Layered Information

Standardised Privacy Icons
Mozilla/Disconnect Icons
• Work in progress

• Released under creative commons
Obtaining Data
• Reduction in amount of data
  collected is a key intended
  consequence of the regulation.

• Especially ‘un-volunteered’ data.
Two practical responses
• Increase the rate at which people
  will volunteer data

• Obtain greatest value from data
  collected.
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
Increasing Opt-in
Rise of direct financial exchange
loyalty schemes

www.quidco.com
www.topcashback.co.uk
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
Increasing Value: Big Data
Is the reform then enemy of big data?

Creates smaller data sets, fewer
connected data points
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
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.
Curating Data
Big changes here are in the B2C
interface:

• Free subject access requests
• Right of Data Portability
• Right to be forgotten
Curating Data
Expect new and updated software
products and services to reduce costs:

• Web interfaces for requests
• Direct access and control
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
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.
Data protection 2013 final slides
Future forward – A look ahead
Dave Coplin, Chief Envisaging Officer, Microsoft

Please find these slides at
www.slideshare.net/SarahWright/future-forward-dma
#dmadata
Questions
Please put you questions to our speakers!



#dmadata
Closing comments from Chair
David Reed, Editor, DataIQ




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




 #dmadata

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Data protection 2013 final slides

  • 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 #dmadata
  • 4. Keynote address Christopher Graham, Information Commissioner #dmadata
  • 5. Questions Please put your questions to our speakers! #dmadata
  • 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 #dmadata
  • 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
  • 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
  • 39. Rising to the privacy challenge Richard Beaumont, Head of Service Development, Cookie Collective LLP #dmadata
  • 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 #dmadata
  • 70. Questions Please put you questions to our speakers! #dmadata
  • 71. Closing comments from Chair David Reed, Editor, DataIQ #dmadata
  • 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. #dmadata