Web 3.0 marketing tools: please handle with care!

Transcription

1 Web 3.0 marketing tools: please handle with care! IAPP Global Privacy Summit Francesca Gaudino - Counsel at Baker & McKenzie Washington DC March 7-9, 2012

2 Outline Web 3.0 concepts CRM and CEM approaches Privacy concerns and legal constraints Realistic business approach Some practical examples

3 Web 3.0: what s this about? [change 2012 Baker title in & View/Header McKenzie and Footer] 3

4 Web Concepts Ubiquitous computing Mark Weiser 1988 The Internet of Things - EU Commission 7 Framework Programme Seamless 'anytime, anywhere' business, entertainment and social networking over fast reliable and secure networks.." Viviane Reding - EU Commissioner Virtual world as the third dimension of real life

5 Web Features Application model Erich Scmidt Cloud based Device Agnostic Fast Extremely customized Virus-distributed

6 Web How it works Web 2.0 UGC: user content and interaction Web 3.0: existing technologies but more intelligent, more present and different look and feel Functionalities and applications (web connected) fed by user with information and exchanging this information among them Web is more present yet less visible seamlessly connected with users in everyday things More and more available source of information, connected, to meet user s desires more easily and automatically

7 How to maximize the value of IP rights in fashion business From CRM to CEM

8 Consumer centric approach Trend from product to consumer centric. New competitive battleground is anticipating consumer s wishes Consumer as trend setter in the fashion indistry: manization and sneakerization Consumer if satisfied is the best seller: wish list, viral marketing, shared feedbacks, social networks

9 Goals of CEM - Personalized and thus more responsive marketing campaigns - Sale of different products/services/brands - Enhance existing products - solicitate customer s feedbacks - monitor consumer forums and blogs - New market trends - From broadcasting to narrowcasting - Focus is on personal information and data

10 The brand experience Consistency of experience of consumer approaching the brand irrespective of contact channel (shops, websites, media device) from first approach through purchase to post sale and support services Virtual conversation between brand and consumer bidirectional entartaining It s not just a matter of sale It must be fun and luring Retaintainment

11 A man traveling in style

12 How to maximize the value of IP rights in fashion business Privacy limitations and risks

13 Privacy concerns At the end of the day, it s all about customer information.. Web 3.0 MKTG tools: geolocalization behavioural advertising tracking technologies - cookies, web beacons, etc. TAF profiling social media paymet functionalities And not just customer data: employee data to enhance internal decision making and performance

14 Privacy concerns ctd. massive and indiscriminate gathering of data building of accurate profiles and clusters consumer often unaware or not clearly informed the right to be forgotten..or simply to change your mind encroching into private life of consumer once online, is out of control privacy rights difficult to enforce

15 Privacy limitations Consumer must be informed avoid legal terms and be clear detail all the processing phases (storage, sharing, purposes, etc.) remember third party service providers don t forget business partners inside or outside the EU? privacy rights can never be neglected how do you protect data?

16 Privacy limitations ctd. You re not making it without consumer s consent express freely given informed specific how do you ask for it? how do you prove you really obtained it? do you really need it? if yes, one or more?

17 Privacy risks Fines see proposed amendments to EU Privacy Directive Not just a matter of money: criminal sanctions Data security breaches Damages to image, goodwill Inspections from local DPAs Claims from data subjects Loss of customers and business Loss of busness informative assets

18 How to maximize the value of IP rights in fashion business Realistic business approach for Privacy 3.0

19 Privacy 3.0 Define applicable law which law? one or more laws? Identify the data controller one or more? if more, how they coexist? Rule involvement and role of third parties service provider: data processing agreements make sure governance and control of information is always under your control Business partners: contractual arrangements define the extent you want them to use your data

20 Privacy 3.0 II Verify applicable rules and limitations information and consent as addressed Make sure you have only the data you need, and remember to delete/anonymize what not necessary Routinely monitor Map and rule trans-border data flows Do you process sensitive information? often written consent requested, not really fit with web 3.0..

21 Privacy 3.0 III Pick and choose centralized solution decentralized solution mixed solution And more.. internalization externalization Harmonize online and offline activities be device agnostic Make sure your privacy architecture is capable of accomplishing changes in business needs

22 And more Data is the currency of our age the Big Data Privacy concerns are coupled by IT platform: set up, managing and migration Cloud New job profiles: analysts, statistics, psychologists decision tree towards Neuro web design

23 Shopping List Plan your online strategy on a wide and future reaching basis Keep an holistic approach also including IT Define your benchmark privacy documentation and go for adaptation Always keep an eye on country peculiarities Role definition and accountability are of essence Data flows may change the entire scenario Once you re done, you still are not done with your privacy program

24 References - Directive 96/46/EC; O.J. L 281, 23 November Directive 2002/58/EC; O.J. L 201/37, 31 July Proposal for a Regulation of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation); COM (2012) 11/4 draft; - Federal Trade Commission, Behavioral advertising, Moving the discussion forward to Possible Self-Regulatory principles, - Art. 29 Working Party, WP 37: Privacy on the Internet - An integrated EU Approach to On-line Data Protection; ; - Art. 29 Working Party, WP 136: The concept of personal data, ; - Art. 29 Working Party, WP 148: Data protection issues related to search engines; ; - Art. 29 Working Party, WP 56: Determining the international application of EU data protection law to personal data processing on the Internet by non-eu based web sites; ; - Art. 29 Working Party, WP 171: Online behavioural advertising; ;

25 Questions??? Baker & McKenzie International is a Swiss Verein with member law firms around the world. In accordance with the common terminology used in professional service organizations, reference to a partner means a person who is a partner, or equivalent, in such a law firm. Similarly, reference to an office means an office of any such law firm.