Single Line Of Code Solves ePrivacy Compliance Issue

Ensighten discusses ePrivacy compliance: UK Cookie Law Compliance: Implications & Answers.


A marketer’s perspective on e-privacy would continue the analogies that we are the car park operators. We are responsible for the website. We’re responsible for the website content. We share that responsibility with many other colleagues and many other departments. But ultimately, we’re the ones that are setting the pricing for that car park, the service levels for that car park, and we’re the ones deciding on the signage that’s going to inform you if you are going to get towed after three hours.

So while we’ve heard a lot of good advice and guidance today, ultimately, it’s the marketing departments that are still struggling with how are they going to comply with U.K. Cookie Law, or how are they going to comply with the do not track standard that is emerging in the United States.

A higher-level dilemma for a marketer is targeted offers versus consumer privacy. Targeted offers are wonderful. I can see relevant content. I’m coming back to London again in three weeks. I’d love to find out about things going on in London. But the same time, my privacy has to be respected, so that’s a fine balance.

As marketers, we sell locally. We want to target the visitors to our site, but at the same time we’ve got to comply globally on our site. We’ve got visitors coming to our site from all over the world. I get a report every day of the visitors that have come to our website at Ensighten. So we’ve got quite a compliance challenge and we are a relatively small website. I think that applies to all of us in this room that we’re a global company, not just a local company.

We’ve got many stakeholders. Sure, we’re marketing and we like to think we own the website, but privacy department, security IT, our agencies, legal, everyone’s got a role to play in the e-privacy practices on our site.

Another decision that marketers have to make about privacy, is privacy a positive attribute of the brand, or is privacy something where you just want to do the minimal thing and tick the box, so that you can just comply?

Privacy can be an attribute of the brand in that you’re pro-consumer and it can be a competitive advantage. So it’s really all in your audience and how they would perceive privacy. I respect your rights. I’ll make it very clear that I respect your rights when you come to my site. Maybe that’s going to make you a little bit more willing to trust me and give me more information. Allow me to serve you better and you will trust me to be a good steward of that information.

So I think an important thing for us marketers to think about as we engage with visitors to our site, is what data do we want. As marketers, we want a lot of data, but we need to be clear about what data we really need to provide a valuable service.

Maybe when you’re designing that form and asking people to opt-in to your site, maybe you don’t need to ask for so much information. Maybe you’ll ask less, you’ll get a higher conversion rate, and then when you build a relationship with that prospect by giving them valuable information, then maybe they’ll disclose more information to you. These are the high points to think about.

One of the ways we at Ensighten think about the tag or the cookie continuum is we think about while there are cookies that clearly benefit the consumer, there are cookies that clearly benefit the website publisher and not so much to the consumer. And there is a range in between. Analytics sits somewhere in the middle, it certainly benefits the website publisher. You can argue that it benefits the consumer as well. Shopping cart, clearly, that benefits me. While I’m on Amazon, I want to keep shopping. I don’t want to keep putting things in my cart again.

But this sort of thing, which is going on quite a bit in the States, I don’t know if it’s going on in the EU, it’s kind of scary. And real-time bidding essentially means that there are third parties out there that know so much about you as a consumer. Again, they don’t know your name when you walk into the bar. But they know that you like the Black Sheep Bitter. They know a lot about you.

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