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GDPR

A how-to guide to Legitimate Interest Assessments

As a business, you need to market your services beyond your own walls. However, you’re aware that you also need to comply with GDPR and PECR.

Many businesses are unsure how to apply Legitimate Interest for multichannel communications. Our new guide will help you to plan outreach campaigns that meet your personal data obligations.

So what exactly is Legitimate Interest, when can you use it, and how can you actually apply it?

Download the guide to read:

  • When you can use Legitimate Interest
  • Examples of Legitimate Interest
  • The 3 stages of Legitimate Interest Assessments (LIAs)
  • Tips to remember
  • Bonus: Free Legitimate Interest Assessment Template

Legitimate Interest can be a great option for some businesses, but you need to follow the proper steps to protect yourself, your business, and the rights of your data subjects. You will need to demonstrate that your interests are not overridden by the interests of the individuals in question. And you do that by carrying out a Legitimate Interest Assessment.

If you would like to discuss LIAs – or the GDPR at large – in more detail, and how the Regulations relate to your campaigns, please contact Nigel Copp at KPM Group. 

A how-to guide to Legitimate Interest Assessments

As a business, you need to market your services beyond your own walls. However you’re also aware that you need to comply with GDPR… and PECR!

So how can you balance getting the word out, while also meeting personal data obligations?

There are six lawful basis set out in the GDPR to justify the processing of personal data – Legitimate Interest being one of them. But many businesses are unsure how to apply it for business to business (b2b) marketing communications.

So what exactly is Legitimate Interest, when can you use it, and how can you actually do it?

Download the guide to read:

  • When you can use Legitimate Interest
  • Examples of Legitimate Interest
  • The 3 stages of Legitimate Interest Assessments (LIAs)
  • Tips to remember
  • Bonus: Free Legitimate Interest Assessment Template

Legitimate Interest can be a great option for some businesses, but you need to follow the proper steps to protect yourself, your business, and the rights of your data subjects. You will need to demonstratethat your interests are not overridden by the interests of the individuals in question. And you do that by carrying out a Legitimate Interest Assessment.

If you would like to discuss LIAs – or the GDPR at large – in more detail, and how the Regulations relate to your campaigns, please contact Nigel Copp at KPM Group. 

Build trust with direct mail

By KPM Group

The introduction of GDPR has undeniably made life a little more difficult from a marketing (and particularly a digital marketing) perspective. And while most organisations are taking steps towards compliance, many still have a long way to go.

It’s not a consistent story; on average“UK marketers consider their organisations to be just over 82% compliant with GDPR” – with a fifth even claiming 100% compliance.

However on the retail side, GDPR is being met with some resistance due to the cost of compliance, and a fear of losing essential data. Meanwhile charities (who hold sensitive information and cannot risk public distrust) are faring better, but a lack of confidence is still evident across the board.

Get GDPR confident

The birth of GDPR gave rise to a greater understanding of the value of personal data, and how it can be misused. The greatest challenge for companies post-GDPR is the rebuilding of consumer trust, and the relationships that go with it.

GDPR has exposed many unwitting individuals to the scope and nature of the data held about them, so looking forward organisations must demonstrate that they can be trusted to operate ethically and fairly with the information they process, and keep subjects informed.”

Within the parameters of GDPR, marketers must reconsider the most effective marketing and communication channels. So how about revisiting the old, as new?

Using direct mail to build trust

Direct mail marketing isn’t impeded by as many restrictions as email (you don’t always need consent for postal marketing), and therefore offers a legitimate way to contact customers and prospects who are otherwise unreachable.

From a trust and relationship perspective, you can use post to direct customers online and encourage opt-in consent – placing the power literally in their hands, and reinforcing their position as a valued customer.

Furthermore, mail achieves higher rates of engagement and conversion than emails, with 87% of direct mail recipients influenced to buy something online. And that’s not to the exclusion of digital marketing: a MarketReach study proved that mail primes other channels, meaning that emails and social media promotions may be better received – and remembered – if the recipient has received mail beforehand.

There is still a long way to go for companies and their handling of personal data, but looking to the future, GDPR could potentially teach businesses a great deal more about their customer base. Digital still has its place, but we’re seeing a very clear reason that postal marketing is still alive and kicking.

Find out more
Need a bit more guidance? Talk to us, make the most of mail, and get GDPR confident.

This article is abridged from KPM Group’s report, GDPR: Build Trust With Direct Mail. Read the full version here.

DMA and OneTrust offer marketers GDPR compliance tools

OneTrust and the Data & Marketing Association (DMA) have entered a strategic partnership to equip marketers with the tools, training and resources needed to successfully build, implement and scale responsible marketing programmes that comply with global privacy laws including the GDPR and CCPA.

As the DMA’s Responsible Marketing Partner, OneTrust will work with the organisation to provide software tools, training, resources and thought leadership to help marketing departments to responsibly manage, protect and administer customer data.

The GDPR and CCPA created new compliance challenges for marketers to maintain compliance while delivering customised user experiences. The partnership includes supporting the “Data Privacy: An industry perspective 2019” research. This latest survey is currently open to anyone working in the data & marketing industry to share their latest views.

The partnership includes:

  • Resources & Research: OneTrust and the DMA will produce joint surveys and webinars focused on the topics most relevant to marketers, including how to comply with the GDPR and the latest regulatory amendment to the CCPA.
  • Free In-Person Workshops: OneTrust and the DMA will partner at select PrivacyConnect and MarketingConnect workshops, free, local events that equip privacy and marketing professionals to connect, share experiences, and learn the latest regulatory requirements and implementation best practices.
  • The DMA’s Data Summit: OneTrust will also headline the DMA’s Data Protection Summit, taking place on 28 February in London.

“As the industry association representing the data and marketing industry, acting responsibly while also creating engaging experiences that put customers first is a core tenet of our Code. In OneTrust we have found a partner that shares these key values and the belief in a customer-centric approach to data and privacy,” said Rachel Aldighieri, MD of the Data & Marketing Association (DMA). “The partnership will also offer added benefit to our members, offering them access to a range of additional tools, training and resources to not just comply with privacy laws, but truly put the customer at the heart of their business. Giving them a competitive advantage by developing trust through their approach to data and privacy.”

“Becoming the DMA’s Responsible Marketing Partner was a natural fit; we share a mission to equip marketers for success while maintaining compliance with the evolving regulatory environment,” said Kabir Barday, CEO and Fellow of Information Privacy (FIP), OneTrust. “We’re excited to build upon our existing partnership and launch new research and resources for marketers. Together we’re able to provide members access to the OneTrust PreferenceChoice suite of marketing compliance tools, resources, research and best practices to responsibly manage and protect customer data.”

How to ensure multichannel campaigns comply with GDPR

One year on from GDPR, what challenges does your business face in complying, or what new concerns are emerging? As marketing teams attempt to comply, many are unsure if they have everything covered, or simply if they’re doing things correctly.

This on-demand webinar will help you to ensure that your multichannel campaigns are GDPR compliant. Listen to the webinar.

Review your marketing processes, and learn:

  • When to use Legitimate Interest
  • How to complete LIA’s effectively
  • Mechanisms for compliant data gathering and list building
  • Key differences between PeCR and GDPR
  • When to use Opt Ins vs Opt Outs

The webinar is presented by Steve Gibson, GDPR advisor to KPM Group and a Data Security Specialist with over 20 years experience. You can watch the webinar on-demand at a time that suits you. Simply follow the link below and watch on our website.

Listen now on-demand

6 ways direct mail delivers, post-GDPR

By Nigel Copp, CEO at KPM Group

With GDPR in full effect, marketers are reconsidering the most effective channels to reach prospects and customers. Direct mail marketing is subject to fewer restrictions than email, and therefore offers a way to contact customers who are otherwise unreachable.

Combining direct mail with digital activity leverages the strengths of both; for a truly successful multichannel approach. Here are 6 benefits of using mail as part of your strategy post-GDPR.

  1. DIRECT MAIL DOESN’T REQUIRE OPT IN CONSENT

You don’t always need consent for postal marketing. Quoting from the ICO website, “You won’t need consent for postal marketing but you will need consent for some calls and for texts and emails under PECR.”

  1. YOU CAN USE LEGITIMATE INTEREST FOR MAIL

Legitimate interest can be used for direct mail if you show that; how you use people’s data is proportionate, has a minimal privacy impact, and people would not be surprised or likely to object.

  1. USE MAIL AS A WAY TO GAIN CONSENT

The DMA recommend postal marketing as an effective and compliant way to gain online consent. If you can no longer contact customer segments by email use mail to encourage re-permission. Advertising mail discounts can also apply.

  1. MAIL IS MORE EFFECTIVE THAN EMAIL

Mail stands out. Mail gains higher rates of engagement and conversion than emails, with 87% of direct mail recipients influenced to buy something online. It builds trust and demonstrates that the recipient is a valued customer.

  1. UNADDRESSED MAIL DELIVERS

Create targeted mailings without using personal data. Door drops are delivered with addressed mail, enabling you to re-engage audiences that you can’t otherwise reach. Increasing in innovation and popularity, door drops stay in the home for an average of 38 days!

  1. MAIL ENCOURAGES BRAND RECOGNITION

A MarketReach study proved that mail primes other channels. This means that emails and social media promotions may be better received – and remembered – if the recipient has received mail beforehand.

And there’s more

Read KPM Group’s blog 10 Ways Direct Mail Delivers Post GDPR for even more benefits of using mail.

SME GDPR compliance only ‘skin-deep’

72% of UK SMEs report being ‘very aware’ of GDPR and its requirements, but 60% say that the recent changes to data protection have had a ‘slight’ or ‘no’ impact on their business, while 8% do not know.

The figures, from a survey commissioned by Shred-it, have revealed a positive understanding and engagement with the principles of GDPR among SMEs on its first anniversary, but also highlight a possible cosmetic understanding and key areas of concern around the more complex aspects of full compliance.

The independent survey of 1439 SMEs comprised a series of unprompted questions and covered a range of businesses in specific market sectors across the United Kingdom with 85% having 10 to 49 employees.

When asked about GDPR readiness nine in ten rated themselves as a ‘4’ or ‘5’ out of 5; the main actions taken were reviewing policies (45%) and emailing customers for consent (35%). These are considered to be the lighter ‘front end’ aspects of GDPR compliance according to Shred-it’s experts.

The survey data showed that one third (32%) of SMEs reported that GDPR has had a ‘great’ or ‘considerable’ impact on their business. When those businesses that had experienced challenges with GDPR compliance were probed further, they cited data breaches and disclosure requirements as the main challenges, with healthcare (27%) and real estate (25%) the main industries affected with those specific areas. Small proportions also reported issues with subject access requests, again with healthcare (28%) and real estate (15%) being the main industries affected.

Ian Osborne, Vice President UK & Ireland for Shred-it, said: “On the surface it is good news. It is clear that many feel they are already compliant with GDPR having reviewed areas such as ‘consent’ activities and publishing a privacy notice. These typically deal with the ‘front end’ aspects of GDPR. However, while many say they are ready, there is a real question mark over the extent to which the majority of SMEs are prepared to respond to a data breach or how to react to a subject access request, for example. Our survey suggests that there is still a need for a large education exercise to show SMEs what is really involved in GDPR compliance at depth.”

Of the 10% that said they were ‘not quite’ or ‘not at all’ ready, who rated themselves as a ‘1’ to ‘3’ out of 5, 42% (54 businesses) said they have not been dealing with it; when asked what was holding them back, their unprompted reasons were that data protection authorities were ‘only interested in bigger companies’, it was ‘not applicable to us’, it was ‘too complicated’, and they were ‘too busy’. Of the 10%, two in five would only trust someone in-house to help them comply with GDPR – only one in ten would consider external support and only 4% would trust the data protection authority for assistance. The SMEs that would consider external support were unsure what services they needed and when they would intend to look for support.

In the twelve months between 25th May 2018 and 2019 the Information Commissioner’s Office (ICO), the UK’s independent authority set up to uphold information rights in the public interest, has taken 59 enforcement actions.

Osborne added: “Our survey seems to show two clear pictures emerging. One is where the majority of SMEs are genuinely engaged with the process of compliance; within that group there are many who believe they are already compliant but may have missed some key more complex parts of the GDPR. It is the minority in that group who have recognised its greater challenges and are wrestling with its more complex areas. The other is one where some SMEs recognise they are not ready, seem unwilling to address the issue of GDPR compliance and are reluctant to seek support in any form to help them. When the relevant authority’s fines become more common headlines across the UK, we expect that views may change about what compliance really means.”

GUEST BLOG: Fixing the broken sales funnel

Business agility and the ability to respond fast to new sales opportunities has never been more important and a strong, intelligence-led sales model is essential to maximise opportunities. Yet in this post GDPR era, sales models have never been weaker or less efficient. A lack of data confidence is undermining outbound activity, leaving companies reliant on increasingly expensive inbound campaigns that are not delivering.

To fix the broken sales funnel, organisations clearly need to use to fresh, accurate and GDPR compliant data. But that is just the start: successful sales activity is underpinned by a scientific, structured and metrics driven approach that leverages multi-dimensional real-time data, as James Isilay, CEO, Cognism, explains.

Science not Art

Fewer good prospects. Delayed decision making. Ever lengthening sales cycles. A lack of predictability in the sales process. For many companies, the sales funnel is looking less than impressive. Yet while the temptation is to blame new restrictions of data privacy created by GDPR on the other, there is little value in playing the blame game. What companies require is a solution.

Where is the sales funnel broken and how can it be fixed? Understanding the ‘where’ is key – and something that far too many companies fail to address. How many good sales-people have been fired, when the problem was poor data? How much time has been wasted on prioritising the wrong prospects or failing to correctly identify the total addressable market?

A broken sales funnel cannot be repaired just by adding technology, replacing salespeople, or addressing data quality – although these are without doubt essential components of sales success. Without a robust, clearly defined and, critically, measured sales funnel, organisations will struggle to maximise sales opportunities.

Sales is a science, not an art; and companies need to take a far more metrics-led approach to sales models and management. Breaking the sales funnel down into its constituent parts, measuring performance and comparing results at every stage of the funnel to an equivalent industry standard benchmark is an essential step in understanding the current position.

This means not just tracking the number of phone calls made but the number of dials, number of connections and the number of conversations. How many conversations then convert to meetings or product demonstrations; and meetings to opportunities and then closed deals?  And, of course, never overlook quality – it is essential to measure the quality as well as the volume of leads to optimise sales performance.

Breaking down the prospecting activity into this detail is essential to reveal the specific point – or points – of failure; and to create a clear view of what needs to change to turn sales around and transform bottom line performance.

Intelligence Led

There are three core components of a successful sales funnel: people, process and technology.  Getting the right people to undertake specific components of the sales activity is key.  Break the process down into distinct areas and have specific KPIs for each to measure activity levels and outcomes. Allocate well trained and focused individuals to cold outreach, and more experienced individuals to deal closing. This is a far more effective model that will definitely improve performance.

Provide clear benchmarks to set performance expectations – and use them. If an individual’s performance is not hitting the minimum standard, jump in. Determine the problem and address it – whether that is through training or new messaging. Being proactive is essential to ensuring the funnel continues to perform effectively.

High Quality Data

Supporting these people with great data is, of course, fundamental, especially given the GDPR data privacy compliance requirements. Bad data is one of the most frustrating problems for any sales team. From the time wasted calling contacts who have moved on, to targeting companies that recently spoke to a colleague or, even worse, invested in a competitive product, bad and outdated data is a major barrier to sales success.

Combining good, accurate and continually refreshed data with a CRM system is an essential part of the model, ensuring data is up to date and shared across the sales function. With access to a deep, accurate and GDPR compliant customer data resource, the sales team can gain confidence and avoid time wasted in irrelevant outreach. But that is just the start. By adding events to the typical two dimensional company and people data – and ensuring this information is continually refreshed in real-time – companies can completely reconsider the sales funnel. From transforming the understanding of the total addressable market to using purchase triggers and decision making personas to prioritise activity, the use of revenue driven AI can deliver significant bottom line improvements.

From new job titles to funding rounds, even office expansion, there are a number of triggers that can be used to more effectively drive the timing and messaging of outreach campaigns. And, by feeding persona specific responses to different marketing messages back into the CRM system, the process can be continually improved. Essentially, Revenue AI provides a positive feedback loop.

Conclusion

Extending the metrics led marketing model from inbound, where performance and return on investment is continually assessed, to outbound is perhaps a cultural change for experienced sales people. But a sales funnel reliant upon an old school contacts list and perceived market opportunities is all about the ‘art of sales’ – it will never stand up to a competition embracing a science led, metric driven approach.

There is an enormous universe of prospective customers – and salespeople do not know every single company in the market, whatever their perception. New companies appear, others disappear; new funding rounds fuel growth; big wins result in business expansion. Without intelligence and a robust, process driven sales model, a company will never have an accurate handle on the total addressable market or a way to identify and prioritise outreach.

With current global economic uncertainty, opportunities are thinner on the ground and those companies with a broken sales funnel will struggle. In tough times companies need to be able to effectively and efficiently target the best opportunities, at the best time, with the right message. It is the companies with the smartest sales model that will succeed.

Consumers warm to brand data handling post-GDPR

Two in five consumers (41%) say they are more comfortable and confident that brands are handling their data correctly due to the introduction of the General Data Protection Regulation (GDPR).

In addition, fewer people find themselves often questioning how a brand got their data in the first place than a year ago, according to the DMA’s ‘Consumer email tracker 2019’ report.

The research delves into consumers’ perceptions and preferences – when it comes to the channel most (59%) prefer brands to get in touch through email. In 2018, consumers believe they received less email than ever before, estimating this at around 57 per week to their personal inboxes – down from 73 in 2017 – and less than half of these (44%) are from brands.

In addition, consumers estimate they’re signed up to receive email messages from around nine different brands, which has also declined from 12 in 2017. The DMA says the figures are a potential by-product of the new laws and consumers’ belief they have more control over the marketing emails they receive.

Rachel Aldighieri, MD at the DMA, said: “Despite the challenges that the GDPR may have brought to marketers and their organisations, it has clearly had a positive impact on consumers. The fact that so many of the people we surveyed said the new rules have made them more confident about how brands treat their personal data should be seen as a very positive step. This year’s report highlights the power of email to be at the heart of brands’ communication with customers, being the central channel that others can then be built around. However, it’s fundamental that marketers combine convenience and relevance, building relationships based on transparency and trust.”

Phil Draper, Chief Marketing Officer at dotdigital, which helped pull together the data, said: “Creating powerful, two-way relationships with consumers should be at the core of all modern marketing strategies. It’s what consumers want, and what marketers are working to deliver. The fact that brands have reduced the number of emails they’re sending is an indication that brands are focusing more on delivering relevant and interesting content.”

Unsubscribe doesn’t have to mean unsubscribing

The most predominant reason for unsubscribing from a brand’s email programme is receiving too many messages (59%), followed by the information no longer being relevant (43%) and not recognising the brand (43%). Most people (70%) take action via the brand’s website or the button within an email, with 40% expecting to never hear from that brand (via email) again or only receive transactional emails (23%).

However, almost one in five expect to be taken to options where they can change their email preferences (9%) or to some form of survey (7%), offering marketers the opportunity to retain that customer by changing their approach or, at the very least, better understand why they’re leaving.

When offered this opportunity for control, around a third (36%) say they would like to reduce the frequency of emails they receive or specify the products/services they hear about (31%) – two of the key reasons they may have clicked unsubscribe in the first place.

Marcus Gearey, Chair of the DMA Email council’s research hub and Analytics manager, Zeta Global, added: “The management of the inbox is an attempt to maximise utility and minimise disruption. The right message of the right value still wins: too many of the wrong one makes it difficult to get that consumer to change their mind that your brand belongs in their spam folder rather than their inbox.”

IAB responds to EU privacy complaints

The Internet Advertising Bureau (IAB) Europe has responded to complaints filed by campaigners with Data Protection Authorities (DPA) in the UK, Ireland and Poland, which make specific reference to the IAB OpenRTB Protocol and IAB Europe Transparency and Consent Framework (TCF).

The complaints allege that programmatic advertising using real-time auctions are inherently incompatible with EU data protection law. The premise of these challenges is based on communication between IAB Europe and the European Commission, from April 2017.

At the time, these conversations were part of a dialogue around the planned implementation of GDPR and revisions to the ePrivacy Directive.

IAB Europe was asked to provide details of potential challenges that would be faced within the digital advertising ecosystem, to ensure regulations developed were appropriate for use and could be implemented without limitation across the entire value chain.

The limitations identified at that time focused on how notice and choice could be given to consumers regarding the use of their data for targeting purposes. These limitations have since been addressed by the development of the Transparency and Consent Framework and IAB Consent Management Platform (CMP) by IAB Europe.

IAB Europe says it remains engaged with the European Commission and regional DPAs on behalf of members and the broader digital advertising industry, and adds that a similar dialogue has been attempted with the instigators of the complaints.

The IAB statement read: “These claims are not only false but are intentionally damaging to the digital advertising industry and to European digital media that depend on advertising as a revenue stream.

“IAB Europe has consistently tried to outline the counter arguments and correct information, mentioned above, to the claimants. However, they have consistently chosen to ignore the facts, bringing more inaccurate information to support their case. Their errors of omission could therefore be characterised as either misrepresentations or just fabrications.”

Click here to read the full statement from IAB Europe.