I’m not passing judgment here. Unbundled consent. Pease International Tradeport, 75 Rochester Ave.Portsmouth, NH 03801 USA • +1 603.427.9200, CIPM, CIPP/A, CIPP/C, CIPP/E, CIPP/G, CIPP/US, CIPT. The most important things to consider when constructing an email campaign are whether your privacy policy is well written, whether the consent mechanism you choose conforms to the definition of consent in the GDPR, and how to keep a record of these new consents (when, how, what etc.). GDPR: Six examples of privacy notice UX that may need improvement. Last week, Facebook’s CEO donned a suit instead of a hoodie and made his way to Capitol Hill, where he was questioned by American lawmakers in the wake of the Cambridge Analytica scandal. Whatever you think of this copy, it might not matter too much, as Nucco Brain takes the same approach as Money Supermarket, not asking for people to opt in, but to opt out. data. Appointing a data protection officer is not mandatory for companies that rarely process personal data, but it is a good idea nevertheless. The Guardian, though it doesn’t seem to be repermissioning, is making sure users are getting to grips with their preferences. Add to your tech knowledge with deep training in privacy-enhancing technologies and how to deploy them. Access a collection of privacy news, resources, guidance and tools covering the COVID-19 global outbreak. With the option to say “no”, the company gets an extra data point i.e. It looks like this is a standard repermission email which will go on to ask the recipient to consent once again. The above example is another good one to follow. You can’t do what flybe and honda, they broken existing law to ready themselves for new law, by sending repermissioning emails to people that had opt’ed out (unsubscribed) prior. There’s also a link to find out more. It seems like those emails will get a higher click through rate… as they’re giving both options and people will inherently want to click on one or the other. They make it easier to be GDPR compliant. https://www.linkedin.com/pulse/gdpr-myths-reality-peter-austin/, There are lots of ways to repermission using your marketing website or app, including popover forms, banner messages, or forms in the header/footer. But first, let’s have a bit of background…, (And remember that Econsultancy provides face-to-face GDPR training for marketers, as well as online training, and an excellent Marketer’s Guide to the GDPR). But the ICO’s guidance is pretty clear – “Consent requires a positive opt-in. Copyright © 2020 Centaur Media plc and / or its subsidiaries and licensors. If you continue browsing, we assume that you consent to our use of cookies. Organisations must demonstrate that employees were: 1. informed of the purpose and use of their personal data, and 2. given a clear explanation of how it will be treated. The world’s top privacy conference. While the difference may seem subtle when reading the actual text of the GDPR, the examples above make clear the distinction between unambiguous and explicit consent. to improve your user experience. Customize your own learning and neworking program! The main definitions of the current Act will generally remain unchanged under the GDPR. Read the full email and it is really is a bit wishy washy. Locate and network with fellow privacy professionals using this peer-to-peer directory. Develop the skills to design, build and operate a comprehensive data protection program. So much for the clarity of my own copy. Little Green Sheep, a retailer that sells natural bedding, mattresses and sleepwear for babies, is a model of brevity, which is a good thing in my book. Although the GDPR only mandates DPIAs for high-risk data processing activities, they provide a useful framework for assessing how your business processes affect user privacy. Others, such as in the infamous case of Wetherspoons, have simply decided to delete email data, perhaps fearing non-compliance. Risky stuff if those companies don’t have record of consent. IAPP members can get up-to-date information right here. South Western Railway takes the tack of telling recipients “the power is in your hands” before giving some brief information on the GDPR and including a call to action to “update preferences”. Smashing magazine GDPR consent example. Some examples/analysis on this would be very well received. Steer a course through the interconnected web of federal and state laws governing U.S. data privacy. Explore our subscription options and get instant access for you, your team and your organisation to a wealth of resources designed to help you achieve excellence in marketing. Generally most providers only allowed 1 in 1000 spam complaints. Such activity is a good idea. A blog post by automation company Ometria advises segmenting customers for repermissioning along the following lines: In this article we are mainly dealing with consent for email marketing, but marketers should think about what consents they want to refresh – cookies for example. The U.K. Information Commissioner’s Office has launched an investigation into Google for potential violations of the EU General Data Protection Regulation, IT Pro reports. PS. Even the important question of whether recipient still want to receive emails is disguised by analogy – “would you like to keep drinking our cup of tea?”. It shows how healthy or otherwise the list was, and how engaged or otherwise the recipients are. having an email address and password for a registered system is grounds for GDPR even for community websites like mine, that are free, don’t trade and don’t market any product or services. The GDPR (General Data Protection Regulation) isn’t just about implementing technological and organisational measures to protect the information you store.. You also need to demonstrate your compliance, which is why data security policies are essential. Visitors expect you to show marketing on these channels – that’s their purpose – so the legitimate interests assessment is very clear-cut. Examples of good privacy policy UX. Once you get into the email, it’s all very straightforward: Fair play to Little Green Sheep for asking for repermissioning, and for doing it with confidence. Introduction to Resource CenterThis page provides an overview of the IAPP's Resource Center offerings. Create your own customised programme of European data protection presentations from the rich menu of online content. The Nucco Brain’s cup of tea is referring to the “No, means No” campaign that uses offering a cup of tea as an analogy to explain sexual consent… Not the best taste from Nucco, in my humble opinion…. Smashing magazine elaborated even further by mentioning how many times per month they are sending their newsletter. A header says “Only get the emails you want from us”, which lets the individual know they are in control. I particularly love the emails asking you to reply to the email to give consent – not a link to a profile page where you can control your data, not even an explanation why they’re emailing you in the first place (because you never signed up for newsletters). We and others provide a service for this: If you continue browsing, we assume that you consent to our use of, A day in the life of… a Chief Privacy Officer (preparing for GDPR), Five things we learned from Mark Zuckerberg’s Capitol Hill testimony, Econsultancy’s Marketing & Digital Trends for 2021 and Beyond Webinar, https://en.wikipedia.org/wiki/Catch-22_(logic), https://www.linkedin.com/pulse/gdpr-myths-reality-peter-austin/, http://content.freshrelevance.com/gdpr-package-permission-pass-service-brochure2, https://www.brewdog.com/lowdown/blog/one-million-beers-on-us, Opens emails and clicks through to browse items. Learn the legal, operational and compliance requirements of the EU regulation and its global influence. Founded in 2000, the IAPP is a not-for-profit organization that helps define, promote and improve the privacy profession globally. This econsultancy.com article offers guidance on creating GDPR-compliant privacy notices, including examples of user interfaces that fit with the GDPR's requirements that notices are clear, concise and easily understandable. The following are five good practices to stay GDPR-compliant with a newly distributed workforce: You can take different approaches with different customers, for example you may want to segment your database before undertaking phased repermissioning. You just can’t afford not to. A Young’s public house in Fulham, London next. It may seem like a nuisance and excessive red tape, but record-keeping will also provide you with a deeper understanding of how the data is being used and why – in addition to satisfying all the regulatory requirements. You can still send them. Why not just ask people to opt in to “continue receiving the great content”. Access all reports published by the IAPP. You also have the problem of existing users that opted in, then flagging your repermissioning Not an email now, but a nice footer featured on Guardian articles viewed by logged-in readers. Maybe just in case some have very small prints saying that if you don’t answer they’ll consider it as a yes? So, that’s pretty much everyone involved in the application and enf… Gain the knowledge needed to address the widest-reaching consumer information privacy law in the U.S. The copy is clear and the call to action speaks for itself, using language the customer understands. One persons inbox might be another persons spam folder. Other possibilities include legitimate interest of the data controller, vital interest of the data subject, public interest, and contractual or legal obligations. With under a month until GDPR’s enforcement, what better time to live a day in the life of a privacy officer. World-class discussion and education on the top privacy issues in Asia Pacific and around the globe. I also think the call to action is a little weak (‘update preferences’) – there is no suggestion of resolution within the email itself. Layers. But there’s one issue for me – consenting to marketing is incentivised with entry into a competition to win two tickets to an event. It’s unclear to me from this email whether those that fail to respond will remain opted in. Delivering world-class discussion and education on the top privacy issues in Australia, New Zealand and around the globe. A good example would be a DMV, it may process information for various groups, so a one-size-fits-all approach to privacy notices would likely cause problems. The subject line (not captured below) reads “GDPR is coming, and we’d still like to offer you a cup of tea”. Subject (“GDPR: We need your consent”), copy (“we want to keep you up-to-date…”) and ‘yes’ and ‘no’ options are all beautifully simple. Take a look at the email content below. Let’s start by looking at some of the explicit rules about using data for cold calling. These repermissioning campaigns are an attempt to bring consent up to the standard set by the GDPR, ahead of the regulation’s enforcement on 25th May 2018. The subject line is simple and clear – “The law is changing. Are you set to get your ASOS emails?”. Here's an example of a Scope section from 4-Thought Professional Services: Company-Wide Personal Data Review. More information can be found in our Cookies Policy and Privacy Policy. You wouldn’t expect anything less from PwC, but its repermissioning email includes everything that the ICO would want to see. Double opt-ins aren't mandatory, but they're good practice. The competition should really be open to all, whether they opt in or not, and that should be clear on the email. This email shows the need to put the repermissioning message up front, as blatant as possible. Are you set to get your ASOS emails?” Take a look at the email content below. The IAPP's EU General Data Protection Regulation page collects the guidance, analysis, tools and resources you need to make sure you're meeting your obligations. Use the Vendor Demo Center, Privacy Vendor List and Privacy Tech Vendor Report to easily identify privacy products and services to support your work. You still need to protect information because of the risk that otherwise someone may, with greater or lesser certainty, be able to infer something about a particular individual. Shame that they thought the complicated and time consuming way was the best option… Another extremely annoying experience is when you click on a link (opt-out for example) and then they ask you to connect to your account… If you ever bought only once it’s very likely you won’t remember your credentials and here again, you end up annoyed and wasting your time…, Xeim Limited, Registered in England and Wales with number 05243851 Typical examples include: Using tracking/advertising cookies Sending marketing emails or newsletters Sharing personal data with other companies for commercial purposes There’s clear text saying “You can unsubscribe from our emails at any time”, too. However, lots of companies are repermissioning – those that aren’t confident their consent process is up to the new standard, or don’t have the appropriate records (necessary for the GDPR’s burden of accountability) of who consented, when, where and to what. 2. All this aside, the imagery and copy is nicely done. The global standard for the go-to person for privacy laws, regulations and frameworks, The first and only privacy certification for professionals who manage day-to-day operations. Best Practices for Choosing Good Security Questions. All rights reserved. The best practices should include:-mentions GDPR specifically, and explains that the GDPR threshold for permission might not have been obtained when the subject was added to the mailing list-explains what type of content will be emailed in the future, without over-promising for the future-clearly provides options to accept or reject If you don’t reply, you’re considered as having said no consent. Explore the privacy/technology convergence by selecting live and on-demand sessions from this new web series. British cyberinsurance, cybersecurity and law firms have seen an increase in attention after the U.K. Information Commissioner’s Office announced it intends to fine British Airways and Marriott for violations of the EU General Data Protection Regulation, the Financial Times reports. View our open calls and submission instructions. Unlike example #1, the company above presents two clearly written statements with boxes that the user must tick to consent to the processing of their data. I thought I’d include a simpler example, with less HTML going on. And you must always give your European prospects the option of deleting or requesting their data under the GDPR (but this is good practice for all of your prospects). However, that’s not the case with The Candidate. Destination KX is the newsletter for the newly happening Kings Cross area of London. Article 30 of the GDPR deals with record-keeping. Surely business as usual? Luckily, Guidebook is a B2B company, so many of its recipients will understand this language, but it did stick out to me. I would argue the huge amount of email’s offering vague benefits like ‘exclusive discounts’ is much more unclear that simply stating exactly what the benefit is e.g. Don’t use pre-ticked boxes or any other method of default consent.”. You can follow guidelines from the UK Information Commissioner’s Office to develop a DPIA. A wise move. Is it really unambiguous when the recipient may be more interested in winning than receiving marketing? In this e-book, we’ll present examples of best practices for obtaining GDPR compliant consent. Here's an example of GDPR compliant consent from The Atlantic: Visitors must actively click the "I Agree" button to consent to The Atlantic's data policies. Whether you work in the public or private sector, anywhere in the world, the Summit is your can't-miss event. Access all surveys published by the IAPP. Funnily enough, the next line says “You’re in control”. Even if you do read it, there’s a very weak call to action – “read the full blog here!” – so the anyone scanning the email will not get the main message i.e. The Waterside example is notable because it is the only email I have seen where the subject line (“Win two nights in Bilbao”) doesn’t even attempt to hint at contact preferences. begs the question, if they are already opt’ed in using existing law, why are we asking to opt in again or opt out? First off, the marketing team has opted for a more intriguing subject line, obviously keen – because they are asking recipients to opt-in – that as any people open the email as possible. The first title to verify you meet stringent requirements for knowledge, skill, proficiency and ethics in privacy law, and one of the ABA’s newest accredited specialties. In some cases the information will be personal data and the GDPR will apply to it. Aside from having the right HR technology in place, the HR is also responsible for educating all staff that handle data regarding the need for good data privacy practices. To properly inform a data subject, companies must excel at clear, straightforward language (see the ICO’s guidance on privacy notices). A data protection officer (DPO) could do all those tasks for you (and, in fact, should, as per the GDPR Articles 39 and 47). There’s a tickertape GIF at the top announcing “the law is changing” which helps to grab the attention of the recipient and impart the import of the message. Indeed – could go either way. First up, here’s an example of how to do unbundled consent well from the Data Protection Network. Every December, we look at our Google Analytics dashboard and share the top 25 posts (by simple page views) over the course of the previous year. Start taking advantage of the many IAPP member benefits today, See our list of high-profile corporate members—and find out why you should become one, too, Don’t miss out for a minute—continue accessing your benefits, Review current member benefits available to Australia and New Zealand members. number of people that actively want out, who hadn’t yet unsubscribed. The 21 day processing time also seems quite lengthy, and is the sort of thing that those who unsubscribe may get annoyed by. To show that it’s serious, this encouragement is not just done by the GDPR text and the European Commission (EC). Following the Cambridge Analytica/Facebook scandal, though, things have changed. As i use a third party service, i get notification of the address that clicked spam and they’re instantly removed and blacklisted then from using our service via that email address again, simply as spam law states, we’re not supposed to engage with them, even though they joined our service. Of all the emails featured here, I really like this subject line (A quick question for you…) and headline (Can we stay in touch?). As usual, ASOS’ approach is impressive. GDPR Article 40 first of all encourages the drawing up of codes of conduct which need to contribute to the proper application of the GDPR. Subscribe to the Privacy List. Any future email should comply and let them opt out. Under the General Data Protection Regulation (GDPR), organisations must create a data retention policy to help them manage the way they handle personal information.. @Ben I agree. ... “The best practices when it comes to GDPR-era privacy measures will always err on the side of transparency and user control,” said Dearie. GDPR: How to create best practice privacy notices (with examples) This econsultancy.com article offers guidance on creating GDPR-compliant privacy notices, including examples of user interfaces that fit with the GDPR's requirements that notices are clear, concise and easily understandable. The IAPP is the largest and most comprehensive global information privacy community and resource. It has taken the admirable approach of repermissioning its email newsletter. The companies could justifiably bucket them as consented … because they don’t need to repermission. Concerns about public sentiment now override maximizing the use of consumer data, leaving data-driven marketing with an uncertain future. Looking for the latest resources, tools and guidance on the California Consumer Privacy Act? If you have a good understanding of the concepts of “personal data,” “sensitive personal data,” “controller,” and “processor,” for example, you can transfer those to your understanding of the GDPR… If your school outsources data to a third party (e.g. We just need to ensure we comply and our T&C’s are concise, comply and our privacy policy is clear on how we use their data in simply form with no legal jargon. As usual, ASOS’ approach is impressive. Next the email lets me know what I am already opted in for, a nice touch, with a bit of copy and some icons to make it extra clear. I’m hoping to complete an interview with one of these companies so potentially more to come. I’m not on this email list (it was forwarded by a friend), so I can’t be sure if Imperial Enterprise Lab has previously sent messages dedicated to opt in. This example follows the structure of the GDPR and references features like 'legitimate interests'. @Charlie @Ingrid Just a thought. On Destination KX you question bundling a competition with consent, however this is consistent with ICO guidance that a benefit can be given to motivate consent and goes onto to state, “The fact that this benefit is unavailable to those who don’t sign up does not amount to a detriment for refusal, however, you must be careful not to cross the line and unfairly penalise those who refuse consent.”. I have no objection to plain text at all, especially in sector such as finance where customers may be paying more attention. A repermissioning campaign on other channels, such as your marketing website or app, can market to all visitors, even those who have not given consent, because it uses legitimate interests. Inkeeping with the brand, the subject line is professional and easy to understand, too. EMEA/USA: +44 (0)20 7970 4322 | email: subs.support@econsultancy.com. Is this a chipmunk? Employees must consent freely to specific use, purpose, or processing of data. Security questions will bring to your authentication process an extra layer of certainty. Very often, a company will begin its process of GDPR compliance by conducting a review or audit of what personal data it holds, what personal data it is collecting, and with whom it is sharing personal data. I don’t think this is a bad approach to getting the message in front of punters. Let’s hope this works: have you noticed how many companies “unsubscribe” page doesn’t actually work (page not found)? Employers must record the grounds on which they will be processi… Once you open, however, there’s a lovely clear message and call to action inside. Also member states, supervisory authorities and the European Data Protection Board (EDPB) encourage it. The Candidate is a marketing recruitment agency in Manchester, England. Lots of things stand out: 1. I’m not arguing here that Money Supermarket has taken the wrong approach – the brand’s marketers may well be confident that they already comply with the GDPR and are simply taking the opportunity to reconnect with their database and increase their awareness about their contact preferences. Belt and braces approach I guess! The GDPR requires the information to be provided in concise, easy to understand and clear language. The important things are the value proposition, to limit the number of times the message is shown, and not show it at all to people who have already given an answer. Though the ICO does say that privacy information should conform to house style, that shouldn’t preclude clarity. Lots of companies will be confident that they already comply with the GDPR. So far, so normal. Here are some best practice examples from brands that have GDPR compliant sign-up forms nailed. Article 4(11) of GDPR sets a high bar for opt-in consent. You just have to be more careful about the way you collect, manage and store the data you use to send them. Learn more today. There’s a tickertape GIF at the top announcing “the law is changing” which helps to grab the attention of the recipient and impart the import of the message. Keep engagement going to keep it fresh is the only solution. Other good practices that are important to consider around GDPR include: Easy language You should, of course, ensure language around communicating … We offer individual, corporate and group memberships, and all members have access to an extensive array of benefits. There’s then a clear blue button and call to action – “opt me in”. (Bit of a hot button issue for me.) Description of what marketing emails may include, The option to opt out within every marketing email, Notice that transactional/servicing emails will be unaffected, Notice that recipients will be opted out if they do not respond, Two clear and equal-sized buttons to opt in or opt out, Two clear calls to action (to consent or not) with the opt-in button larger and more inviting than the opt out (which is still visible, for sure), An ecommerce header menu just in case the recipient fancies doing some shopping. Here’s a question… I may have missed it – but for those companies which offer an “I do consent” AND an “I do not consent” option in the repermissioning email…. The IAPP is the only place you’ll find a comprehensive body of resources, knowledge and experts to help you navigate the complex landscape of today’s data-driven world. We’ve brought together some information from the law itself and from the EU’s guidance documents to help you understand the components of a good … Contrary to what you might have read, GDPR didn’t kill cold emails. Lots of things stand out: This email is by no means the only part of ASOS’ comms effort around the GDPR. But simply from the perspective of achieving clarity, the competition element doesn’t seem ideal to me, even some may argue it’s no different to the discounts that retailers offer to those signing up to email newsletters. Specifically, it states: If they have done so, then this newsletter perhaps isn’t as problematic. what happens to those who don’t open / reply one way or the other? GDPR requires privacy protection by design and by default. For example if it was published and combined with information held by other organisations. It’s crowdsourcing, with an exceptional crowd. For example, if you have inaccurate personal data about Have ideas? email as spam and thus you get a mark down on your reputation with the email providing you are sending via, if you get enough of those your reputation is hit, especially if you are doing segment sending (breaking into different groups), then eventually all emails will go straight to spam. 3. The retailer also has excellent pages on it website, such as this one on contact changes, as well as its updated privacy policy, featuring video content, clear headlines (in ASOS’ tone of voice), and a concertinaed policy which is easy to digest. It carries out an assessment in line with Article 6(4) of the GDPR, and determines that the new purpose is compatible with the original purpose for which it collected the personal data. The ICO has confirmed that the GDPR lets you take on another data processor to do all the work for you. Employees’ silence or lack of complaint about the processing, consent incorporated as a standard employment contract term or in data protection policies does not meet the standard required. Ghita Harris-Newton is Chief Privacy Officer and Deputy General Counsel at Quantcast. Idea nevertheless 9:00am GMT, 5:00pm SGT “ please opt in or not, and how engaged otherwise! Article 4 ( 11 ) of GDPR explainer emails ” take a look at bottom! Well received data, perhaps fearing non-compliance respond will remain opted in, regulations and policies most. Bucket them as consented … because they don ’ t click with be removed, After all but its email... Time also seems quite lengthy, and is not mandatory, but a nice footer on... Its email newsletter access a collection of privacy news, resources, and... With 50 % new content covering the latest developments speaks for itself, using language the understands. All this aside, the subject line is simple and clear – “ opt me in ” or need opt... 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The point of having the no consent the great content ” in to update! @ econsultancy.com members at IAPP KnowledgeNet Chapter meetings, taking place worldwide protection by and...
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