Permission marketing and Trend in Data Privacy - Email marketing in the EU, whats next? Presentation by Alastair Tempest from South Africa Direct Marketing Association. Permission marketing and the double opt-in option have become the norm in Europe, what's up next? Spam continues as worse as ever, legislation was not the silver-bullet trumpeted. Can marketers help ISPs? An issue – data breaches leading to more spam. The EU expected reaction.

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3. Permission Marketing & Trends in Data
Privacy – Email Marketing in the EU and
elsewhere- what's next?
PRESENTATION FOR THE EMAIL MARKETING DAY
4 OCTOBER 2011
BY: Alastair Tempest
President
Institute Of Interactive Marketing

4. EU Low – Requires Opt-In
• The Privacy & eCommunication Directive
of 2002, revised 2009
Soft Opt-in Principle

5. Soft opt-in
• Opt-in – Except
In the case of data received in the process
of a sale where the consumer can be
considered to have provided that data
voluntarily and for the purposes of being
emailed, texted (SMS), etc. for the same
type of product.

6. A “European Marketplace”
There is, however, no specific “soft opt-in”
clause in a number of EU Member States
including:-
Bulgaria Greece
Poland Romania
Hungary “permission e-mails”

7. Always an Opt out Clause
Even if you have consent/opt-in you must
always offer an opt-out clause to allow the
consumer to remove him/herself from your
marketing list

8. Pre-ticked boxes
Many countries in the EU and elsewhere
regulate that pre-ticked boxes are a No No.
Consent must be “a freely given, specific
and informed expression of will by which a
data subject agrees to personal data
relating to him being processed” (Art 1, Dutch Law)

9. Time limits on consent
Some EU countries also specify a time limit
e.g. In Ireland soft opt-in remains only for
12 months after the data has been
collected in the context of a sale.

10. Business to Business
Increasingly B2B requires the same rules as B2C.
This is particularly true of micro-businesses
(doctors, dentists, small shops, artisans ,etc).
But in general terms the national laws of the
following EU countries include all B2B in their
privacy laws for e-communications:- Austria,
Belgium, Denmark, Germany, Italy, Netherlands,
Romania, Slovenia.

11. Purpose
The issue of purpose has not received the
attention it should. The debate has been
mainly about consent/opt in.
Purpose is becoming increasingly important
and can be very limiting.

12. For example the national laws in the
following countries all specify a precise
purpose when getting consent, but what
they actually mean by “precise” is very
varied:- Austria, Denmark, Germany,
Netherlands, Poland, Slovenia, Spain,
Sweden.

13. Conclusion – the EU national laws are a
hotch potch of different requirements!
Thus the present revision of the Data
Protection Directive.

14. New Social Media – new
challenges
“e-Communications” meant email, sms, mms, fax
(sometimes telephone – e.g. Austria).
What about Twitter & its derivatives?
Facebook messaging & its derivatives?
Blackberry's bbm etc, etc.
They are & will be legally, included under “e-
Communications”.

15. Trends – The Industry
Perspective
Spam remains a major problem for everyone – the
individual, the ISPs, businesses, etc.
While opt-in for email was not the “silver bullet”, it
has helped separate the sheep from the goats.
The problem for an email marketer in any country
is “how do I prove I’m a good guy instead of a
spammer?”

16. Cooperation with ISPs & other
Industry initiatives
• Initiative such as ECO in Germany for
cooperation between the ISPs & the DMA
• Centres of Excellence run by DMAs & others.
• Spam-traps, black holes & other schemes run by
the ISPs.
• Controls by telecoms (for SMS/MMS mainly).

17. Legislation
New revision of the EU Data Protection Directive
foreseen this Autumn.
Will attempt to stop the wide differences in national
laws which make cross-border emailing/texting
etc a mine-field.
Outside the EU efforts to try to reach international
standards (but what are those?) e.g. in South
Africa, etc.

18. Conclusion
In the end good marketing means relevant marketing.
This can be called “respect marketing”.
Getting consent to send relevant messages makes
sense.
The only question is how to find out what is relevant at
any one time to any one individual? We are getting
much more intelligent about that (analytics, etc) so
long as the new laws do not restrict that!

19. Thank you for listening, any questions?
alastair@dmasa.org
www.IIDM.co.za
www.dmasa.org
0861 DMA DMA