GDPR Data Regs Hit U.S. Marketers in Europe

Starting this May, any U.S. marketer targeting customers in the European Union (EU) countries must navigate a changed data landscape thanks to the new General Data Protection Regulation (GDPR). It doesn't matter if the brand, marketer or data processor is based in the U.S.; strict compliance is mandatory. And shrugging off new data rules is a very costly mistake. Noncompliance can mean a fine equal to 4% of global annual revenue! The regulation's intended purpose is protection of non-anonymized personal data, and compliance is required of any company (or organization) that stores or processes that personal information about individuals ("data subjects"), who are defined as European citizens residing in an EU state. The protected personal data includes: Name, address, and phone number; IP address and cookies; racial identity; religion and religious affiliation; health and genetic data; biometric data; and sexual orientation and gender preference. GDPR's regulated "data controllers," who determine data processing, or "data processors," who handle data on behalf of data controllers, must respect key rights with regard to personal information. For example, there is an individual's right to access, to knowing what personal data has been collected and how that data has been processed. There is a right to accuracy, and restriction of data processing in the case of inaccuracy. There is a right to "freely given" and "explicit" consent for processing and storage of personal data. Plus, consent may not be regarded as "freely given" where performance of a contract is made conditional on consent, or is unnecessary to performance of a contract. The data subject also has the right to data portability, meaning the ability to request and receive personal data in a format easily transferred to another data controller. Finally, there is erasure or "a right to be forgotten," which allows individuals to withdraw their consent for data use or storage and demand that personal data be erased and no longer processed. Not sure it applies to you, direct marketer? Consider this GDPR wording: "Where personal data are processed for the purposes of direct marketing, the data subject should have the right to object to such processing, including profiling to the extent that it is related to such direct marketing, whether with regard to initial or further processing, at any time and free of charge." In terms of strategic response, 64% of executives at U.S. corporations reported that their top strategy for reducing GDPR exposure is centralization of data centers in Europe, according to a report released by PricewaterhouseCoopers (PwC). Just over half (54%) told PwC they plan to anonymize European personal data to reduce exposure. A significant minority are cutting European efforts, with 32% of respondents planning to reduce their presence in Europe, and 26% intending to completely exit the EU market. For more, see our website blog post: http://www.acculistusa.com/u-s-marketers-in-europe-wrestle-gdpr-data-compliance/

2018 Marketers Face Old and New Data Issues

Direct marketers will face both old and new data challenges in 2018. A recent Forbes magazine interview with Tom Benton, the CEO of the Data & Marketing Association (DMA), highlighted six of those data hurdles for next year. The perennial problems of data quality and integration continue, worsened by the huge volume and types of data streaming into marketers. Many are struggling to decide which data sets to use and which to ignore, how to keep data accurate and actionable, and how to integrate new data with existing data. Several practices for 2018 success are suggested: clear business goals and target audiences to narrow the data focus; a clear test case for examining or onboarding data; regular examination of new and legacy data accuracy and value; and systems for integrating new data with existing data, especially given the new types of data streams available–everything from wearable gym trackers to chatbots to grocery checkouts. But 2018 also offers potentially exciting opportunities via new marketing tech tools, such as augmented reality (AR), machine learning and AI. The Forbes articles offers the example of how 1-800-Flowers improved customer experience by integrating the company’s website with artificial intelligence (AI) technology and natural language processing to understand customer demand and then search the product catalog to deliver customized recommendations. Use of AR today ranges from AMC theater movie posters to Simmons Bedding Co. product demos to labels of Australia’s 19 Crimes wine brand. At the same time, marketers face tougher challenges in the areas of data security and privacy rules. If customers don’t trust that sensitive information will be safeguarded, they’ll stop engaging, hurting not only individual brands but the data-driven community. After massive data security breaches made headlines in 2017, data security is a top concern to retain customers and prevent risk in 2018. Meanwhile, American marketers who seek to tap European markets need to get ready for the enactment of the European Union’s General Data Protection Regulation (GDPR), taking effect May of 2018, which will set a tough new baseline for consumer privacy rights. For more, see http://www.acculistusa.com/2018-offers-new-and-old-marketing-data-challenges/