Steve specialises in compliance for digital marketers, is a member of the DMA Email Council, has authored the DMA email marketing deliverability best practice guide and was recently recognised by Litmus as an email marketing thought leader in the area of deliverability and privacy. In his Now and Next presentation, Steve will be talking about the EU and UK data protection reforms and what these changes mean now and in the near future for digital marketing within charities.

1. Now and Next
Data Protection Reform
and Digital Marketing
in Charities

2. THINGS
TO COVER
Data protection laws regulate the use of
personal information and marketing.
These laws have changed and are
continuing to change
What is the impact of these changes to
email and direct marketing?
What early steps can be taken?

3. DATA
PROTECTION
ACT
Personal data must be used fairly
and lawfully
Personal data must only be used
for specified purposes
Stored personal data must be
adequate, relevant and not
excessive
Continued >

4. DATA
PROTECTION
ACT
Personal data must be kept accurate
and up to date
Personal data must not be kept longer
than necessary
Individuals must have the right to
understand and change how their
personal data is used

5. Data
Protection Act
CORE PRINCIPLES

6. CANADIAN
CASL
US CAN-SPAM
UK DATA
PROTECTION
ACT JAPAN ANTI
SPAM
RUSSIAN LAW
“ON PERSONAL
DATA”

7. OECD
CORE
PRINCIPLES
• Collection Limitation
• Data Quality
• Purpose Specification
• Use Limitation
• Openness
Ref:
OECD Guidelines on the Protection of Privacy and
Transborder Flows of Personal Data

8. 1. Opt-in consent for all marketing,
including for B2B marketing, post and
telephone marketing
2. The end of unprovable/undocumented
third-party marketing lists
3. The Right to be Forgotten
EU GDPR:
DATA REFORM

9. 4. Clear language
5. Individual right to claim compensation
6. Fines up to €100 million or 5% annual
income (whichever is larger)
EU GDPR:
DATA REFORM

10. 7. Enforcement régime instead of
self-regulation
8. International co-operation and
enforcement
EU GDPR:
DATA REFORM

11. 1. Our guide to what’s coming
2. Data collection & consent
3. Processing & storing data
4. What campaigns can you send?
5. Translating the changes to your donors
6. The right to be forgotten
FULL DETAILS
ONLINE
communicatorcorp.com/resources

12. Results in
• Increased risk of
legal/financial claim
• Higher costs of
legal/financial claim
Which means you need to
• Be transparent
• Use simple language
• Data collection
methods which are
traceable
• Record and store proof
for quick response
WHAT THIS MEANS
Changes
• Fines by default
• Clear consumers rights
• Easier compensation
HIGHER FINES

13. WHAT THIS MEANS
THE RIGHT TO BE FORGOTTEN
Results in
Must be able to delete:
• Donor Names
• Address
• Purchase
• Browsing & Payment
Details
From:
• Websites
• Accounts
• Stock Systems
• Analytics
• Marketing & Databases
Consider
• Guest donations and
purchases
• 3rd Party payment
services
• Profile creation should
be based on value
Changes
• Donors have the right to
make anonymous
donations and
purchases
• Donors have the right to
have their information
deleted

14. Onus on decision makers
• More responsibility and
accountability for
managers and directors
• More powers for ICO
• Self-regulate or get more
regulation + enforcement
Google v. Vidal-Hall
• No need for proof of
financial harm
• IP and device are
“personal information”
3rd party data focus
• 6 month cap on 3rd
party data consent
• “Chain unsubscribe”
process required
(unsubscribe from all
underlying source lists)
IoF and FRSB
• Following its rules will be
compulsory
• Standardised opt-out
statements
• “OUGHT” to be “MUST”
Court and ICO Powers
• Unlimited fines for firms
and individuals
• More powers for ICO
• 45 Investigations, 7 firms
being monitored and 20
third-party data notices
Exposé into Data Industry
• Not just fines, but criminal
investigation
• ICO Investigation into
websites and high street
brands supplying data
UK DATA
PROTECTION NEWS

15. TIMELINE
NEXT2014
LATE
Investigation into
nuisance calls
and spam texts
More enforcement
powers
Focus on marketing
data industry
Where else
collects, sells or
uses consumer
data?
High street brands and
popular websites
Focus on Charity
Industry
2015
MAY
2015
JUNE

16. • Reliance on volunteers:
• High turnover
• Understanding of Data
Protection issues
• Only about a third of charities
provided data protection
notices
• Over half didn’t have data
retention/deletion processes
• A third of charities lacked
processes to maintain
accuracy and relevancy
Specific
Challenges

17. • For any personal data you
store and use, you must have
a clear business need or
explicit permission
• When relying on permission,
make sure you can prove it
• The older the data, or the
more removed it is from that
original purpose, the more
difficult it is to prove that
consent is valid
GENERAL
RULES

18. • Where do you collect
your donor data?
• What personal,
preference, behavioural
or purchase data do
you collect about, or
from your donor?
• How much of that data
is actually used?
• Do your donors know
that you collect and use
their data in that way?
• When do you delete
that data?
THINGS TO
CONSIDER NOW

19. • How do your donors subscribe
or opt in?
• Specifically, for what does
your consent cover?
• Is subscription or opt-in
a genuine choice?
• Does consent cover how
you actually use your donor
data?
• Do you use 3rd party data,
or supply data vendors?
• If you were asked today,
what consent can you prove?
THINGS TO
CONSIDER NOW

20. • Collect explicit consent
for new donors
• Re-confirm consent
and preferences for
existing donors
THINGS TO
CONSIDER NOW

21. • B2B Opt-in
• IP address and other
identifiers as personal data
• Clear language
• Anonymous reporting data to
allow data deletion
• The right to be forgotten
• Anonymous purchases
THINGS TO
CONSIDER NOW

22. BIG HEADLINES
NOT BIG CHANGES
NEW FINES AND ENFORCEMENT
MEAN YOU MUST BE ABLE TO JUSTIFY
DATA USE AND PROVE CONSENT.
IOF CODE Reform

23. THANK YOU
ANY QUESTIONS?
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