Direct Mail. The threat of data protection legislation. Impediment to the high value of Direct Mail?

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1 Direct Mail The threat of data protection legislation Impediment to the high value of Direct Mail? Mathilde Fiquet: Géraldine Proust:

2 FEDMA aims to: Promote Inform Protect Uphold ethical values Develop the European direct and interactive marketing industry FEDMA represents: European Direct Marketing Associations Companies with multinational businesses (list brokers, communications agencies, mailing houses, printers, postal operators, etc.) (Article 29 working group approved Code of Conduct)

3 Offline Direct Mail Door drop Online Telemarketing Mobile marketing Fax marketing marketing Online Behavioural Advertising Search marketing Social Media FEDMA covers all channels in B2B & B2C

4 UPU EU Promotion & Protection of Direct Mail ETHICS EDUCATION

5 79% of consumers act on direct mail immediately From letterbox to inbox - Building customerrelationships, 2013, UK DMA 10% more recipients visited a brand's website in response to compared to From letterbox to inbox - Building customerrelationships, 2013, UK DMA Direct Mail has high value! 84% read it Direct Media report Austrian DMA 2012 Expert insights 2013/ % spend a lot of time with it Direct Media report Austrian DMA 2012 Expert insights 2013/ 2014

6 Current keys to success Segmented and Personalised Good overall impression of the advertising method Attractive discounts coupons/ Product samples offered Pleasant doses Action Track and trace Source: Direct Media Report, from DMVOE Tim Walsh, Pitney Bowes

7 Big data enables you to : Know your consumer preferences Track the consumer going digital or using coupon Reach the consumer at the right time Contact only prospective «look a like» consumers Create a dialogue with consumers Big Data increases Direct Mail value!

8 Why does the direct marketing industry need data? Better knowledge of the consumer and prospects Contacting consumer and prospects Need of contact data and the right to send a marketing communication Need to access and process data

9 The General Data Protection Regulation As opposed to a Directive Why a review? For the Online World Willing to address all issues raised by technological developments Strong misunderstandings Of the Direct Marketing industry, how we process data and do profiling

10 The balancing test: Legitimate interest of the controller Interests and fundamental rights of the data subject Safeguards: specific right to object for direct marketing (article 14) Direct mail de facto: opt-out

11 Potential changes to the balance: Alternative legal grounds: consent or contract The risk: direct marketing could become opt-in However: o Not the end of the legislative process o Specific recital on o Council different positions

12 Profiling: Need of profiling for better knowledge and segmentation of the consumer, and better matching of the marketing communication to the consumers interest Importance to keep the same approach as the one in the 95/46 directive Safeguards for the consumer when profiling has a significant impact on the consumer The risk: Profiling for direct marketing purposes might fall in the scope of the article and be limited

13 FEDMA s expertise : Online world Offline world

14 FEDMA and the General data Protection Regulation Timeline December: EC 1 st consultation Submission January: EC 3 rd consultation Submission June: EC DG Justice, data protection Unit invited to the LAC September: Belgian DPA invited to the LAC November: EC DG CONNECT invited to the LAC July: EC targeted private stakeholders conference and 2nd consultation Submission and participation Coordination with the DMAs November: EC inter-service consultation Campaign with different EC DGs September: Campaign to the EC: 1 letter, 1 issue per week ICDP

15 FEDMA and the General data Protection Regulation Timeline January: EC publishes the legislative proposal 2012 February / March: Reassessment of priorities Publication of new position papers and proposal for amendments April: Appointment of the rapporteur, MEP Albrecht MEP Albrecht draft report: disastrous for the industry 2013 March: More than 3000 amendments proposed Meetings with MEPs and proposal of compromise amendments June: Irish proposal for chapters I to IV Letter on profiling to the Council October: Adoption of the LIBE report Proposal of compromised amendments Series of Meetings with MEPs Series of Meeting with Member States Permanent Representations Increased Coordination with the DMAs ICDP (Industry coordination, position papers, letters, events, communication, amendments )

16 FEDMA and the General data Protection Regulation Timeline February: Letter on profiling & position on the LIBE report March: Plenary Vote? May: European Elections Introduction of new MEPs to FEDMA and the Direct Marketing Industry August: Beginning of a Trialogue? November: New European Commission Presentation of FEDMA 2014 Series of Meeting with Member States Permanent Representations Increased Coordination with the DMAs ICDP (Industry coordination, position papers, letters, events, communication, amendments )

17 Next steps Room for influence: The position of the council is not defined yet Negotiation between the Parliament and Council New players, EP, EC Preparing for the new legislation: Get your consent and legal grounds in order Increase transparency, be fair and honest with your consumer Be ready to communicate

18 Thank you! Géraldine Proust: Mathilde Fiquet: PPT Design: Cristina Fernandez

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