March 3, 2023

The Intersection of Privacy and Marketing: Embracing GDPR for Success

Have you ever wondered why Digital Marketeers struggle to gain consumer trust?

Well, in this Blog, we will be talking about how the GDPR can revolutionize your digital marketing approach leading to increased consumer

Let’s briefly talk about Data Privacy and Digital Marketing:

There are many regulations and directives that we have to adhere to when it comes to Digital Marketing. Some of those regulations and directives are:

  • The E-Privacy Directive regulates the processing of personal data, the use of cookies, and the confidentiality of electronic communications. It requires consent for cookies and imposes strict rules on unsolicited marketing communications.
  • The Electronic communication directive is a broader framework that covers electronic networks, services, and user rights. It addresses consumer rights, network security, and privacy, and establishes a regulatory framework for electronic communications.
  • The European Union (EU) introduced the General Data Protection Regulation (GDPR), a comprehensive data protection law, in May 2018.

Its main objectives are to increase personal data subject control and harmonize data protection laws across the EU. In addition to requiring companies to obtain explicit consent before collecting and processing personal data, ensuring transparency in privacy policies, granting individuals the right to access and delete their data, and imposing heavy penalties for non-compliance, GDPR has significant implications for the world of digital marketing.

This has pushed marketeers to use more moral and responsible methods for gathering, processing, and protecting customer privacy, ultimately increasing consumer and company trust.

Complying with the GDPR regulations is of utmost importance to protect user privacy in today’s digital landscape. GDPR ensures that individuals have control over their personal data, promoting transparency and accountability in data handling practices. By adhering to GDPR, businesses demonstrate their commitment to safeguarding user information and building trust with their audience.

I. Understanding the Basics of GDPR

Do you know why being GDPR compliant is important when it comes to Marketing and more specifically Digital marketing?

As you may know, being GDPR in-compliant can have heavy consequences for your business with fines that can go up to 4% of your annual return.

Let’s look at some of the recent GDPR fines:

II. How the GDPR changed Digital Marketing

It’s undeniable that the GDPR caused a lot of changes in the way marketers handle Digital Marketing, let’s see how:

a.    GDPR and Email Marketing

Email marketing is a digital marketing strategy that involves sending promotional messages or information via email.

In email marketing, the GDPR necessitates obtaining explicit consent from recipients and providing clear information about data usage. Marketers should adopt strategies to build GDPR-compliant email lists, ensuring that individuals have willingly opted in to receive communications.

Crafting GDPR-compliant email content involves:

  • being transparent about the purpose and nature of the communication
  • providing an easy unsubscribe option.

It is also essential to thoroughly examine the tool or platform you use for your Email Marketing, why? To make sure it does not involve the transfer of personal data to third countries where there is no adequacy decision.

Email Marketing Sanction:

The Belgian DPA has imposed a fine of 10 000 EUR on a controller for sending a direct marketing message to the wrong person and for not responding adequately to the data subject’s subsequent request for access to his data. Additionally, the IMY stopped four companies from using Google Analytics because of personal data transfer to the US.

b.    GDPR and Social Media Marketing

Social media marketing is a digital marketing approach that involves leveraging social media platforms like LinkedIn, Facebook, YouTube, etc., to promote products, services, or brands.

In social media marketing, consent, and data processing considerations apply to targeted advertising. Marketers must adapt marketing strategies to align with GDPR requirements such as collecting valid consent,

Transparency on social media platforms is also vital, with businesses required to provide clear information about how they process personal data.

Social Media Marketing best practice:

In other words, if you have a social media landing page that’s explicitly designed to encourage an opt-in to a newsletter or free download.

Under GDPR, visitors essentially have to opt-in twice as they must accept your privacy terms prior to opting into your offer.

c.    GDPR and Website Analytics

Website analytics involves collecting and analyzing data about how people use your website. By using website analytics, you can track your website’s performance and make improvements to achieve your goals.

GDPR has implications for website analytics as well. Marketers need to understand the data collection and processing implications, ensuring that analytics tools and practices comply with GDPR. Balancing analytics insights with user privacy rights is essential, respecting individuals’ preferences and providing clear options for data control.

Website analytics sanction:

French SA fined CRITEO EUR 40,000,000. The company collects the browsing data of Internet users thanks to the CRITEO tracker (cookie) which is placed on their terminals when they visit certain CRITEO partner websites. Through this tracker, the company analyses browsing habits to determine which advertiser and for which product, it would be most relevant to display an advertisement to a particular user.

To conclude!

Overall, adhering to GDPR guidelines is not only a legal necessity but also an opportunity for businesses to differentiate themselves by prioritizing user privacy and data ethics.

By doing so, you can build trust, strengthen your reputation, and create a more sustainable and trustworthy digital marketing ecosystem.