The somewhat awkward marriage between digital marketing and data protection (presentation given at The 5th Conference on MarTech on 2&th November 2019)
Data protection and digital marketing seem hard to reconcile: cookie regulations, GDPR, ePrivacy, .... Seem to restrict marketing activities, but what if marketeers could learn to use data protection laws to gain consumer's trust and thus build a long term customer relationship...?
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Similaire à The somewhat awkward marriage between digital marketing and data protection (presentation given at The 5th Conference on MarTech on 2&th November 2019) (20)
The somewhat awkward marriage between digital marketing and data protection (presentation given at The 5th Conference on MarTech on 2&th November 2019)
1. The somewhat awkward
marriage between digital
marketing and data
protection
The 5th Conference on
MarTech
21/11/2019
Bart Van den Brande - Sirius Legal
bart@siriuslegal.be
2. “
Any long term customer relationship in the
digital era is inevitably all about
2
TRUST
(and convenience, as some Obsessed authors will say)
11. Let’s review
some
concepts Transparency Legal basis Accountability
11
Minimisation &
limited retention
Purpose limitation Data Protection by
design & by default
12. Where things go
fundamentally
wrong in digital
marketing
Vectaury case
Data profiles of 67
million people
Based on geoprofiling
with 80 mio POI in 450
fields of interest spread
across the globe
Vectaury has to prove
free consent and
informed by all 67
million people
(transparence and legal
basis)
No pre checked boxes
No “bundled” opt-in
iab Europe standards
used by Vectaury are
potentially not GDPR
compliant…
Facebook Italy
10 mio euro fine
Same issue with
transparence and legal
basis
No transparence on data
sharing with commercial
partners
No pre checked boxes
(“privacy by design & by
default”)
Austrian supreme court
No “bundled”opt-ins, opt-in
separatlmy for every intended use
(cfr cookie banner earlier on)
La Liga case - Bisnode
Poland case - Election
cases in Belgium and UK
12
13. But if it’s all
about trust
and long term
customer
engagement...
13
Respect
opt-in
rights
Earn
trust
Be
transpar
ant
17. “
Opt-in issues are a (partially invisible) BOMB
under online marketing, target audiences,
remarketing, OBA, trigger based marketing...
17
18. When the
cookies
crumbles...
ECJ “Planet 49” decision of 1 October 2019 eliminates ALL
doubt on cookie regulations
18
ALWAYS prior, free and informed opt-in before
placing any type of cookie
No pre checked opt-ins
No “continue to accept”
No implicit consent
No general consent
Facebook case: Website is responsible for respect
of GDPR by any third party tool used on its website
(cfr share buttons)
21. When the
cookie
crumbles...
The cookie model is under heavy pressure...
21
Apple chose the flight ahead
ITP 2.1 - Intelligent Tracking Prevention on Safari and
Opera
Automatic deletion of first party cookies after 7 days iso
30 day
Automatic blocking of all third party cookies
Impact on remarketing & conversion stats in affiliate
marketing is enormous
Safari and Opera have relative importance in Europe,
but word is that Firefox might jump on the bandwagon
too...
23. How to make that somewhat
awkward marriage work
Embrace transparence
Map your data
Evaluate GDPR on that data
Audit your tools
Check cookie settings
Set a clear strategy based on
marketing AND legal constraints
By all means: don’t panic and keep
doing your thing
And build TRUST...
24. One last topic we haven’t
mentioned…
Data security and cyber risks
Want to learn more?
Sirius Friday seminar @ Mechelen
Friday 13 December
13h00 till 16h30
99 euro (donated to De Warmste
Week)
www.siriusfridays.be
25. Media & advertising law
IP law
Internet & e-commerce
Privacy & data protection
Gambling law
Travel & consumer
protection
Commercial & contracts
Corporate - tax
bart@siriuslegal.be
www.siriuslegal.be
Facebook.com/siriuslegal
25