10 steps that all marketers need to take to act on The GDPR

Four years ago, The European Commission proposed a radical shake-up to the arcane data protection and privacy laws that were failing to protect the interests, rights and freedoms of millions of consumers in the EU that were facing an unprecedented threat in the misuse and misappropriation of their personal data. With the explosion in use of the web, the Internet of Things, Cloud and mobile computing and all things digital, the EU was one of the most attractive places to do business as it’s the world’s biggest Digital Single Market. But it was also quickly becoming one of the most unsafe places in the world to share personal data as 'cowboy marketers' looked to make a fast buck and millions of customers were getting spammed with unsolicited emails and offers…

Optimise your customer analytics by getting the models right

Customer analytical models can deliver huge value for companies that invest in them to improve their sales and marketing activities. But even well-known big brands can get it wrong when designing, implementing and operating these models. From Barclays to John Lewis, Cineworld to Pizza Express, businesses across all sectors are benefiting from the use of customer analytics. These days, it is unusual to find a company that does not analyse customer data, even in its simplest form. Customer analytics may fall under business intelligence, marketing operations, finance or even customer support, but wherever it lies it will have the potential to improve the optimisation of sales and marketing functions. Companies often want to know which products or services specific customers are most likely to purchase, which customers need a nudge to help…

Digital marketers could face a double whammy on top of the finally agreed EU data law.

A parliamentary Select Committee has announced it wants the Government to introduce much stricter data laws that go beyond the recently announced EU law - General Data Protection Regulation (GDPR).

In its fourth report subtitled 'The Big Data Dilemma' (PDF download, no registration), which has just been announced (10th February), the Science and Technology committee wants the UK Government to go further than the forthcoming EU data, which will itself dramatically increase the ability of the ICO to impose larger fines for data breaches.

Downloading the 52 page report explains a lot more than the MPs thoughts on how regulations should change. It also gives a lot of detail on context and the opportunities for Big Data from a commercial perspective. This makes it essential reading for any one responsible…

The opportunities of the GDPR for Digital Marketers, and a preview of the legislation itself (PDF download)

What lies at the heart of the General Data Protection Regulation (GDPR), or EU data law, is that the current level of consumer opt-in consent used in nearly all consumer contact will not be sufficient under the new regulations. It will render data unusable, or there is the prospect of proposed fines running to tens of millions of Euros. Also, the consent terms used when seeking consumers’ permission for the collection and use of their information will have to be far more clearly defined. This article reviews the implications for marketers of the GDPR concluded on 15th December 2015 with the final agreement defined at the Data protection Trilogue negotiations which took place between the European Commission, European Parliament and Council of Ministers.

Key components of the GDPR

GDPR covers areas such as personal…

Latest communications from the EU parliament suggest more leniency for marketers than expected

  Importance: [rating=3] (For Marketers storing customer data) Recommended source: DMA- EU DPR agreed The authorities in Brussels responsible for the new EU data law have undertaken a U turn on the proposed restrictive data law. The latest official communiqué on dialogue between the EU Parliament, Council and Commission, the bodies responsible for the forthcoming new law, indicates that the current UK marketing data regulation will be the template for what is to come. The previous official report of progress on talks indicated marketers would face draconian type rules that would prohibit use of tracking data, and no profiling or segmentation without explicit consent. Now any data that cannot directly identify an individual is considered to be within the boundaries of use. However, in terms of profiling there will be the right of…

EU data law will be much stricter while the ICO is to hold brand owners directly responsible for agency behavior

The latest reports on negotiations of the forthcoming EU data law strongly indicates bigger challenges lie ahead than was previously thought in becoming compliant, plus there is likely to be a loss of key practices. It includes the fact that there will be greater tightening of consumer opt-in consent levels, and restrictions on web analytics and profiling.

ICO will target brands and hold them to account

However, there is an added incentive for agencies to get compliance preparation right. The Information Commissioners Office (ICO), which enforces data regulation, has now stated that it will target brands as well as third parties if third parties have been responsible for breaching rules. This means any irregularities that occur within agencies while utilising client data will be…

Weighing up the cost implications of the GDPR

The new EU data law, or General Protection Data Regulation (GDPR), will collectively cost marketing data users billions in becoming technically compliant. A recent survey by Vanson Bourne reveals that nearly 70 per cent of companies will invest in new IT or support services, and 51 per cent have allocated budget for staff training in preparation for the new law. Every brand and agency faces its own unique compliance challenge, but broadly the to do list is the same in terms of the tasks to be completed. What is certain is that most have not calculated the cost. A report for the Information Commissioners Office (ICO) reveals that 87 per cent of companies are unable to calculate the amount compliance preparation will cost, and 82 per cent of the…

Survey your market and come out on top

If you’ve got a product or service to sell then your marketing and advertising has to be on top form. Thankfully, being the best has only one simple requirement: be better than what else is out there. This means that a successful marketing strategy must include detailed research of what else is being offered in your market – it takes time, effort and attention, but you want to be the best, right? The condensed process boils down to identifying your competition, recognising their strengths and weaknesses and harnessing that knowledge to come out on top. This process is not about the theft ideas from your competitors, though it’s great for inspiration! The key is to spot untapped areas (the weaknesses of your competition) of the market and push them as USPs. A thorough knowledge of your competition’s marketing technique will allow you to improve your strategy…

US companies need to prepare for controls over their marketing to EU citizens in the wake of agreement on EU General Data Protection Regulation

This blog is part 3 of Ardi Kolah's series on the GDPR. See the others here. The State of the European Union address by EU President Jean Claude-Juncker on 9 September 2015 may appear on the surface to be largely insignificant for US-multi-national marketing activities within the EU. However, such thinking is highly dangerous as it reveals an almost total lack of awareness of the risks to business continuity facing some of America’s biggest corporations that generate vast profits from their marketing activities with EU citizens. Here in Europe, many companies and organisations are bracing themselves for the biggest shake up in data protection and privacy for a decade with the forthcoming EU General Data Protection Regulation…

Informed consent and transparency will be hallmarks of GDPR

This blog is part 2 in our series on the marketing implications of the new GDPR. See part one here. Informed or explicit consent and transparency are key issues for the final version of the EU General Data Protection Regulation (GDPR) that’s set to be agreed before the close of 2015. In a recent report commissioned by regulator Ofcom and written by German-based consultancy WIK-Consult, the authors note that it’s important to recognise that within the EU informed consent is needed both for placing cookies or similar tracking devices on a user’s device. The current laws and regulations in this area are the Privacy and Electronic Communications (EC Directive) (Amendment) Regulations 2011 as well as the Data Protection Directive 95/46/EC. The forthcoming GDPR also provides for a higher level of…