AVG & E-privacy: here's what to watch out for!
Now that people think they've survived AVG, the next tightening is already upon us: The e-privacy legislation going into 2019.
Whereas AVG was really only about what is and isn't allowed (setting cookies without permission) and left room for interpretation on how to do it, this law describes very clearly which practices will soon be a thing of the past. Time to prepare for this, so that your online campaigns can remain AVG and E-privacy proof.
Choice
The main reason for introducing the AVG is to give consumers more control over their data as well as give them freedom of choice. This also applies to cookies; people must be able to choose whether or not to accept different types of cookies (functional, statistical, marketing). In your cookie-statement you must indicate what data you collect, what you do with it and why. This text should be written in understandable language and with as few legal terms as possible so that everyone can understand it. If people do not accept cookies, it should not be an obstacle to using the website.
Opt-out by default
In addition, this consent must be explicitly obtained by placing a check mark. The sentence: 'you agree to the placement of cookies by using the website' that you now often see in cookie notifications is then no longer allowed.
In addition, as a company you must be able to prove that someone has given consent and consumers must be able to withdraw or change their consent at any time. This can be arranged by means of a consent manager. A tool in which these consents and changes are registered. If you want to do it right, the checkmarks must be unchecked by default.
New to the e-privacy legislation is that this consent must be obtained again every 6 months.
End of personalized campaigns and retargeting?
To obtain consent explicitly, there is no escaping pop-ups, but since they disrupt the user experience, consumers often reflexively choose the fastest option to get rid of them. It is expected that 90% will block 3rd party cookies. In addition, Salesforce's recently conducted Trends in Customer Trust survey shows that nearly 60% of consumers believe their personal information may be out on the street due to a data breach. And that 54% of respondents do not believe organizations have their best interests at heart. This leads people to be reluctant to accept more marketing cookies. In the long run, you then lose more and more traffic and ultimately revenue as a company.
So Consent marketing, getting consent, becomes more important than ever. Because we believe then there is indeed a future for data-driven campaigns. In our next blog, we will elaborate on what you could do to obtain that consent. If you want help and advice on AVG-proofing online campaigns, contact our specialists.
Just a quick look at the AVG checklist
1) One should be able to choose between/for different types of cookies.
1) Explicit consent.
2) Making clear what you are doing and why
3) Do not restrict the use of the website if people do not accept cookies.
4) Be able to provide proof of consent.
5) Provide opt-out option. Consent management. In this you should include all data also offline. If you want to do it completely right, checkmarks/sliders should be off.
6) Re-authorization every 6 months.