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GDPR complaints stack up across the EU as regulators prepare to issue fines

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It’s almost five months since Europe’s General Data Protection Regulation (GDPR) went into effect. Although the initial buzz around the sweeping legislation has died down, we’ve seen momentum in the United States toward stricter state data privacy laws such as California’s Consumer Privacy Act (CCPA) as well as possible federal legislation.

More laws, mean more tools. OneTrust released OneTrust 4.0, an updated version of its main compliance platform. The new release includes upgraded modules and introduces Vendor Risk and Incident & Breach modules. The platform now provides intelligent visuals for data mapping, consent analytics, targeted data discovery and automated data subject requests, as well as a new customer portal. The updates include a Targeted Data Discovery tool, which provides a framework through which companies can integrate metadata into the platform and Global Readiness and Accountability functionality that integrates GDPR, CCPA and many other new privacy laws into a single assessment.

The system will draw from the company’s Privacypedia, a database of hundreds of global privacy regulations, research, guidance and templates.

Meanwhile, EU member states start to tally up GDPR complaints. Numbers have started rolling in from data protection authorities across Europe. For example, the U.K.’s Information Commissioner’s Office reported that complaints to the U.K. supervisory authority rose 160 percent to 6,281, compared to the same period last year.

And the French DPA CNIL reported that it has received 3,767 data protection complaints, showing a 64 percent increase compared to the same period last year. CNIL also reported that it has received 600 data breach notifications during the same period.

More bark than bite? As one of the first companies to be warned by a DPA, French startup Teemo might prove that regulators are more interested in keeping companies in line than collecting fees. (Companies found in breach of GDPR can be assessed fees up to €20 million, or 4 percent of their annual revenue, whichever is higher.) In July, France’s CNIL issued a GDPR warning to Teemo, saying that they did not collect the proper consent for processing of localization data for retargeting and held data longer than it needed.

But once Teemo brought itself into compliance, the CNIL considered the issue closed.

At least one enforcement action has occurred. This summer, the ICO charged Canadian analytics firm AggregateIQ Data Services with a breach of GDPR under articles 5 and 6, for “processing personal data in a way that data subjects were not aware of, for purposes which they would not have expected, and without a lawful basis for processing.” The Enforcement Notice requires AIQ to “cease processing any personal data of U.K. or EU citizens obtained from U.K. political organizations or otherwise for the purposes of data analytics, political campaigning, or any other advertising purposes.” Fees can be assessed for a failure to comply.

Brian Kane, COO of consent platform Sourcepoint, says we haven’t seen the last of these regulatory warnings.

“While compliance with GDPR requires time and effort as companies figure out the right strategy to implement, it can also be seen as an opportunity to enhance user experience,” Kane said. “Teemo, to its credit, has worked hard to ensure it is operating in compliance with the GDPR, and will likely end up in a stronger position as a result.”

Lessons for U.S. marketers. Reuters reported this week that EU regulators expect to issue fines or temporary bans on companies that breach the law by the end of this year.

“Not necessarily fines but also decisions to admonish the controllers, to impose a preliminary ban, a temporary ban or to give them an ultimatum,” European Data Protection Supervisor Giovanni Buttarelli told Reuters.

Andrew Clearwater, director of privacy at OneTrust said he expects to continue to see a steady stream of complaints and breaches.

“The number of complaints from individuals in the EU has exploded since the GDPR took effect last May and we are already seeing DPAs take action from orders to stop processing fines that are unprecedentedly high,” Clearwater said. “Those actions target global companies, but also small start-ups. Data breaches will keep being revealed.”

“To avoid GDPR sanctions, which are now reality, companies around the world need to focus even more on their ability to demonstrate their privacy obligations. This is where privacy-specific technology tools become crucial for internal compliance, not only to automate processes and provide the best privacy user experience, but also to keep proper records in one central place in case of an enforcement, whether from regulators or directly from data subjects,” Clearwater said.

This story first appeared on MarTech Today. For more on marketing technology, click here.

The post GDPR complaints stack up across the EU as regulators prepare to issue fines appeared first on Marketing Land.

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Workshop to examine future of marketing and advertising in a GDPR world.

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An expert on marketing and data privacy will be the trainer in a forthcoming workshop, to be held on 12th September in Central London, looking at the likely impact of GDPR on the future of advertising and marketing.

Hellen Beveridge, a data protection and privacy expert, and a multi-disciplinary marketing professional with over 25 years of experience across a broad range of industries, will be taking the workshop.

It’s not just GDPR. Privacy and Electronic Communications Regulation (PECR), and the imminent ePrivacy Regulation, all have major implications for marketing and advertising.

Hellen, who is currently the Privacy Lead at Data Oversight, where she helps organisations understand and implement data protection strategies, will be covering topics including:

An overview of the regulatory framework and privacy laws within the UK, EU, alongside a global perspective.

Customer trust and privacy, looking at how businesses should take the initiative.

Assessing your vulnerabilities from a risk management perspective.

How to ensure your data sources are compliant from a data capture and data purchase perspective.

Everything you need to know about consent and the compliant opt-in, opt-out process.

The interpretation of legitimate interest and impact upon direct marketing.

The rise of contextual advertising at the expense of personalised advertising.

Hellen is also the moderator for the marketing stream of GDPR Summit London and is an experienced expert speaker on data protection.

To book a place visit this page.
By Daniel Hunter, Fresh Business Thinking.

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Watch this space: When will brand integration finally take off?

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Back in 1982, Reese’s Pieces and ET changed the game when it came to product placement. But with streaming services offering advertisers ever more opportunities and Netflix’s Stranger Things carving out its own place in the product pantheon, but when are we really likely to see brand integration become the norm rather than the exception?

In the history of brand integration, there are a few ‘gold standards’ that come to mind when talking to industry professionals. The first, which always seems to be on lists, is the Reese’s Pieces integration in Stephen Spielberg’s classic ET. As the story goes, M&M’s maker Mars passed on the opportunity and Hershey’s snapped it up, agreeing to spend $1m promoting the film in exchange for using ET in its ads. Hershey’s tripled sales of the new product and the investment was estimated to have resulted in $15-$20m worth of brand promotion.

There are other iconic integrations. Aston Martin and Heineken with James Bond (though many other automotive brands have been part of the franchise); Mini in The Italian Job; FedEx and Wilson in Cast Away; Ray-Ban in Risky Business; Nike in What Women Want. The list is long and distinguished and, today, brand integration is arguably more critical than ever as behaviors and consumption habits change – especially in television as streaming continues to gain momentum.

According to research by Morning Consult, as of October 2017 in the US 32% of respondents were using streaming services more than traditional TV, and 14% were watching traditional TV and streaming about the same amount. Amazon Video has seen an uptick in subscribers to 64 million in the US (up from 48 million in 2016) and is expected to reach 94 million by 2022, according to Digital TV Research. Netflix has seen substantial growth, with more than 109 million worldwide subscribers – up from around 23 million at the end of 2011.

Continued growth in this space presents a unique challenge, as well as opportunities, for brands. One Netflix show in particular, the highly popular Stranger Things, seems to be next in line to carve out its place in the brand integration pantheon.

“We did more than 5,000 [integrations] last year, [which is] about 14 a day, and one that stands out is Stranger Things,” says Greg Isaacs, chief product and marketing officer at Branded Entertainment Network (BEN).

Indeed, when discussing the show, a conversation around Kellogg’s Eggo brand is sure to be among the first mentioned.

“I just thought that was such a pivotal part of [Stranger Things character] Eleven’s storyline, with her finding something of comfort,” says prop master Scott Bauer, a 20-year Hollywood veteran. “It was a brilliant piece of storytelling and product integration.”

Eggos aside, the show is proving that brands offer a savvy way in which to make an impact – Stranger Things has done impressive hookups with legacy brands that tap into its1980s vibe, such as Oreo, KFC and Reebok.

“There was a scene at a dinner table where four of the characters were talking,” says Isaacs, “and the KFC bucket, it was just sitting in the middle of the table for over two-and-a-half minutes. And not only was it sitting there, at the end the characters, and I’m paraphrasing, but they essentially said, ‘Wow, this is finger-licking good.’ That is extremely hard to do, and so authentic.”

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Being authentic matters more than ever

Authenticity is a critical component of brand integration and one that relies on a great deal of trust between brands and creators. To the brands, there is an expectation that the product will have prominence. To creators, including producers, showrunners, prop masters and transportation on productions, having brands involved helps create a more effective and authentic story.

“One of the toughest things for brands to understand when integrating their products into stories is that their brand actually can’t be front and center. If it is, the audience trusts the story less. If it’s integrated seamlessly, then the audience doesn’t care, because they’re being entertained,” says Lesley Chilcott, producer, and director of films like An Inconvenient Truth and It Might Get Loud.

“Forcing an integration where it feels and looks unnatural can seriously backfire,” adds Pattie Falch, brand director, Heineken sponsorships and events. “Content integration is not an opportunity to create a commercial — it’s about finding authentic moments that enhance the story, and the brand plays a big role in bringing those moments to life.”

The danger of? Making a viewer hop out of their comfort zone to feel as though they have to pay attention to a brand, versus the story itself, is borne out in how audiences think about advertising in general.

“One of the things we’ve seen consistently, in the research we do, is that audiences prefer integration over interruption, by massive percentages,” says Aaron Frank, vice-president of strategy and insights at BEN. “When it’s done in an authentic manner, where it’s aligned with the characters and advancing the storyline, audiences say they don’t mind that it’s there. When it feels like a commercial in the show, it turns [audiences] off. The best marketers want to create an emotional connection between the product and the audience, their customers.”

“That’s where the art comes into this whole business,” adds Isaacs.

No longer a ‘nice to have’

With the continued momentum of content creation (there was $17bn disclosed in new content creation across Amazon, Hulu, Netflix, Apple and Facebook), especially among platforms that don’t necessarily deal in traditional advertising, there are ample opportunities for brands to get on the bandwagon relatively early.

“With a 30-minute episode, whether it’s on streaming or broadcast, if you think about just how many different scenes there are, and characters, and opportunities for brands, it’s a tremendous amount. You can watch a 30-minute episode, and there might be 20 brands in there,” says Isaacs. “We did an analysis where only about 1.5%-2% of arguable impressions are being utilized today for integration. That leaves 98% available.”

Marketers continue to look for places to make an impact and, according to Isaacs, streaming audiences will be larger than broadcast. Additionally, the fact that, for the most part, brands can’t advertise in traditional ways illustrates the opportunity afforded in brand integration. Also, increasingly sophisticated measurement signals a potentially safe place for brands to dig in.

Taking a test-and-learn approach, like traditional advertising, is becoming more frequent in the integration space and improved measurement is critical for its prospects.

“We now understand the impact of these integrations on some base-marketing KPIs,” says Frank. “Whether that’s awareness of the brand, consideration or purchase intent, we’re able to do studies that give a real sense of the impact and effectiveness of integrations on audiences. That’s what marketers want — to be able to understand if they are making the right investment, and if it’s turning into ROI for them.”

With an ever-expanding playing field and content progressing at a staggering rate, in Isaac’s mind this could very well become another ‘golden moment’ for the combined power of brands and entertainment.

“Brands used to think about integration as a ‘nice to have’ or a one-off,” he says. “Today, they’re viewing them as campaigns, which means they’re in for the longer haul. I think 2018 is the year that brand integration will become a necessity.”\

This feature was first published in The Drum's February issue, the Future of TV.

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Heidi Hackemer: you need your talent more than they need you

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What is it about today’s ad industry that makes Heidi Hackemer angry? Well, there’s the assholes and there’s the shitty clients and there’s the talkers that don’t do and there’s ping pong and there’s…

What makes me angry? People treating other people like replaceable cogs, leaders saying ‘it’s all about the work’ so they can continue to treat people like cogs and collect the executive salaries that come from having an army of cogs. And then allowing your army of cogs to get abused by shitty clients. How can people get treated like this in the name of advertising for chrissakes?!

Women getting harassed. Women getting marginalized. Men saying we’re making it up.

Putting all white guys in a bucket and labeling them the problem. Asshole white guys.

Confusing ping pong tables with building a strong culture. Bowing at the altar of the creative departments and the almighty creative director.

Walking into rooms with only white, straight people in them. Talking POC, but not hiring POC. Hiring token POC. Talking diversity, but not hiring diversity. Hiring token diversity.

An intern/junior hire pool dominated by each other’s kids/nieces/nephews/neighbors.

Net 60, Net 90, Net 120 client payment terms.

Getting to know ‘Middle America’ (or any audience) through focus room glass. Thinking those people ‘don’t get it’ or are less than us.

Talkers who talk about ‘bravery’, ‘social impact’, ‘diversity’, ‘how to build/run/staff a modern agency’, but aren’t truly doing it day-in and day-out. The industry glorifying these talkers.

Burn out as norm. ‘It’s just the way the industry works.’

So how can we fix it? Start by figuring your company’s values. Make your values about your people, not just the work. Talk about your values. Make sure every single decision is rooted in those values. Talk freely and often about that decisionmaking and values process, even when it means revealing tough decisions to your employees (without freaking them out) and having tough/unusual conversations with clients.

Hire good people. Marginalize the assholes. Find the other good people in the industry and the world. Make a pact to be better together. Share ideas. Support each other.

Honestly acknowledge your privilege. Use it to help others.

Create humane rules of engagement (based on your values) with your clients. Talk to them about it. Deliver work that’s good enough so that you can enforce those rules.

Get obsessed with brand… and anyone who can be a part of building it powerfully.

Invest in people (nice side effect: you’ll most likely see the cost of churn plummet while seeing the quality of the work skyrocket).

Take growth and training seriously. Make budgets and time for it. Understand and respect the science and data around the 40-hour work week. Have all bosses and their reports do a weekly one-one-one. Do a weekly ‘all-hands’. Post-mortem projects with your teams, listen to the pain points and figure out better ways forward together. Do a weekly meeting that tracks potential issues with overwork and/or clients and solve for them. Enforce and model work-free vacations. Don’t make weekend work regular work. Build a nap room. Cut off email at 7pm; invest in Boomerang for nightowl workers. Get your people out of the office, both for work and for life. Preach and practice empathy.

Create a company that’s bigger than any one person (that’s going to rely on that whole values thing – see above). Celebrate the wins, the big and the small ones.

Hire and support women. Hire and support POC. Hire and support the LGBTQIAP+ community. Hire and support veterans. Hire and support whatever type of person that you/we don’t usually hire and support. Listen to them.

Fire people that aren’t in line with your values.

Have a legit parental leave policy. Listen to and work with parents.

Get interns from MAIP. Get interns from Prep for Prep. Work with unexpected universities to give kids that aren’t in our socioeconomic class/tribe a shot. Make your kids/nieces/nephews/neighbors submit applications to jobs in the application pool; don’t make that follow-up phone call.

Make space for the doers to talk: it’s good that you believe it or understand the theory of it, but if you haven’t truly done it or lived it let those that have write/talk/teach/pontificate about it.

Try new things. Try hard things. Try ‘crazy’ things. Be willing to fuck up. Talk about the fuck ups. Apologize if necessary.

Keep trying.

Heidi Hackemer is founder of Wolf & Wilhelmine and vice-president of Chan Zuckerberg Initiative creative studio.

This piece was first published in The Drum's Anger issue in November 2017.

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