by Tim Hughes | @Timothy_Hughes | LinkedIn
In 1982, UK Punk Band, The Clash released a song called “Know Your Rights”, it peaked at number 43 in the charts, https://en.wikipedia.org/wiki/Know_Your_Rights
It starts “This is a public service announcement…with guitars!” and then follows that we have three rights
The three are:
- “The right not to be killed. Murder is a crime, unless it is done by a policeman, or an aristocrat“.
- “The right to food money, providing of course, you don’t mind a little investigation, humiliation, and, if you cross your fingers, rehabilitation”.
- “The right to free speech (as long as you’re not dumb enough to actually try it)”.
I was thinking that in social media, digital marketing, call it what you will, we seem to be in the same situation as The Clash where in 1982 when they wrote this call to arms.
Seth Godin wrote “Permission Marketing” and Don Peppers and Martha Rogers wrote the “One to One Field book” both in 1999, some 18 years ago. The books can be summarised as; everybody is an individual and should be treated as such.
If we rewrite those three rights:
- Everybody has the write not to be emailed to death, there is enough data on all of us to personalise any message, unless of course it’s done by marketing automation software. Martech is after all, above the law.
- You have the right not be interrupted by annoying ads, unless it’s done by a paid media Guru.
- GDPR Legislation will make a massive change to the data stored for all employees but of course that doesn’t apply to sales people and anybody outside marketing
Things don’t seemed to have moved on from 1982 (or 1930 when it comes to the advertising gurus) as there seems to be agreement on our rights on the internet but immediately they are forgotten.
The buyers we all are, that hate email spam, cold calls and annoying ads, when it comes to our products and services it’s legitimate tactics. After all, our product is the best in the world (so says everybody else), we are the market leader (so is everybody else) and we don’t see that we just add to the noise (so does everybody else).
Regardless of if you are based in Europe or Sell to people in Europe you will need to comply with GDPR and we now have data rights. This is in an attempt to equalise the balance of power between the customer and the entity collecting data, the new rights enshrined in GDPR include the following:
- the right to be informed
- the right of access
- the right to rectification
- the right to erasure
- the right to restrict processing
- the right to data portability
- the right to object
- the right not to be subject to automated decision-making including profiling
This means the way you collect and store data must be in line with the expectations and wishes of the people you collect it from. This could mean showing that you’ve initially collected data, what exactly you’ve collected and ultimately to deleting it at their request. Ensure that every point of data collection you’ve identified in your audit is compliant with the above list.
This includes those spreadsheets stored away in the sales department, if you hold data on me, I have the right to see it.
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by Tim Hughes | @Timothy_Hughes | LinkedIn
I was reading a LinkedIn post (in fact several) by my friend Patrick Kitchell where he made the following statement.
“I for one will ask for my personal data the first day of GDPR”. This got me thinking and now it’s something I will certainly be doing. Will your customers too?
Patrick went onto suggest in terms of the GDPR legislation:
“Why not download a copy and read it? As a person using digital services both paid and free reading the law will help you understand the extend at which our data is being used.”
You can get a copy here.
Patrick also went onto share a few “interesting” clauses from the regulations.
(59) Modalities should be provided for facilitating the exercise of the data subject’s rights under this Regulation, including mechanisms to request and, if applicable, obtain, free of charge, in particular, access to and rectification or erasure of personal data and the exercise of the right to object. The controller should also provide means for requests to be made electronically, especially where personal data are processed by electronic means. The controller should be obliged to respond to requests from the data subject without undue delay and at the latest within one month and to give reasons where the controller does not intend to comply with any such requests.
Here’s some more.
- Where processing is based on consent, the controller shall be able to demonstrate that the data subject has consented to processing of his or her personal data.
- If the data subject’s consent is given in the context of a written declaration which also concerns other matters, the request for consent shall be presented in a manner which is clearly distinguishable from the other matters, in an intelligible and easily accessible form, using clear and plain language. Any part of such a declaration which constitutes an infringement of this Regulation shall not be binding.
- The data subject shall have the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. Prior to giving consent, the data subject shall be informed thereof. It shall be as easy to withdraw as to give consent.
- When assessing whether consent is freely given, utmost account shall be taken of whether, inter alia, the performance of a contract, including the provision of a service, is conditional on consent to the processing of personal data that is not necessary for the performance of that contract.
The end of email marketing?
Remember this legislation isn’t just for European residents but anybody selling into Europe.
Certainly, here at DLA, we see that GDPR as pretty ground breaking. So much so, that in fact it does not seem worthwhile to hold customer email data anymore. And that could kill the email marketing market for good.
Digital Leadership Associates: We are a Social Media Agency. We do three things: Social Media Strategy, Social Selling and Social Media Management. Drop us an email and let’s talk about how we can make an impact on your organisation.