Commenting on the new requirements, the Commissioner stated “I am pleased that the Minister has introduced new legal requirements which recognise that the challenges to the maintenance of individual privacy are becoming increasingly complex in today’s electronic age. Individuals must be able to enjoy the benefits of new technology while at the same time remaining in control of their privacy. These new requirements give individuals new rights which my Office will enforce.
I particularly welcome the fact that the Minister has responded to public concern over data breach incidents by introducing strict requirements for service providers in this area with the ability for my Office to bring prosecutions where such requirements are not followed. I am also pleased that individuals can no longer be bothered on their mobile phones by direct marketers unless they have given their prior agreement.”
The main new requirements are:
- Compulsory notification of individuals and the Office of the Data Protection Commissioner in the case of data breaches
- More stringent requirements for user consent for the placing of “cookies” on electronic devices
- Stricter requirements for the sending of electronic marketing messages and the making of marketing phone calls
All telecommunications companies and internet service providers are now required to notify the Data Protection Commissioner of every data breach involving a subscriber. They are also required to notify customers in all cases where there is a risk their data may be accessed. Failure to do so can lead to prosecution by the Commissioner with a fine of up to €5,000 per instance. The Commissioner can also for the first time prosecute companies in this area for allowing a data breach with fines on indictment of up to €250,000.
Any company or website placing information, usually by way of what is known as a cookie, on user equipment (computer, smartphone etc) must provide appropriate information to the user and collect their consent except in limited circumstances where the cookie is strictly necessary for the provision of the service in question. In practice this means that websites placing cookies on user equipment that are not deleted when the user leaves their website must identify a means of obtaining user consent.
Electronic Marketing & Phonecalls
In a strengthening of the laws in this area, it is now an offence for any company or entity to phone a person on their mobile phone for a marketing purpose without having obtained their prior consent for such contact. The requirements now extend to all forms of marketing carried out by means of a publicly available electronic communications service – including, for example, the soliciting of support for charitable organisations or political parties.
The IIA’s monthly newsletter, the Digital Digest, goes out to 6,000+ subscribers, usually on the last Wednesday of every month. In 2010 it had an average open rate of 19% so if there’s ever anything you want to include, please publish to your company profile on IIA.ie by 5pm on the preceding Friday. All content added to member company profiles is considered for publication in the Digest.
The schedule for the Digests for 2011 follows and is subject to change based on Association needs.
The deadline for each edition is 5pm on the preceding Friday.
(Not a member? Join now and add your content today!)
While I was on leave* the IIA Online Marketing Working Group produced a series of guides to Online Marketing and they are well worth a look for the both the new business owner and the seasoned marketer. The guides are easy to read and to the point and I, for one, have a little refresher course planned.
Here’s a listing of what’s on offer from the Online Marketing Working Group:
- Content is Still King
This article provides you with the fundamental guidelines for writing for the web, enabling you to take control of your company’s online content and communicate your brand more effectively.
- Digital Marketing Strategy & Planning
A framework to help align and structure your digital marketing strategy and planning.
- Tips for eNewsletter Content
A guide to creating and writing great email newsletters.
- Tips for Video Content
How to create compelling & successful videos as part of your digital marketing strategy.
- Web Content Inverted Pyramid
Guidelines for writing for the web.
Check them out now in the Resources section of the IIA website. These resources are member only: if you would like to join and get immediate access to these resources please do!
If you find however that you are the type of learner who needs instruction an upcoming IIA event might be just the ticket for you. On 3 December the IIA in association with Irish Times Training are running Twitter and Facebook for Business. This day long seminar will help you learn how to build the visibility, reputation and profits of your business online using Facebook and Twitter. This seminar takes an in-depth look at case studies of Irish and global businesses using Facebook and Twitter effectively to enhance customer service, attract more business and boost bottom line profits. This seminar is being delivered by Krishna De who regularly shares Facebook tips on her blog.
*By the way I am full time again since Monday so don’t be a stranger!
This month’s Digital Digest went out this week. It’s just under a year now since we’ve been using the Newsweaver system and we are really happy with it. It was especially useful while we were organising Congress as we had different groups involved in different ways: speakers, shortlistees, demonstrators and, of course, delegates. It really helped smooth some of the processes of communicating important information about Congress.
So it is with dismay that I read in my Campaign Monitor ezine (and about 2 seconds later in an email from IIA Member Pixel Design – thank you very much!) that Microsoft are planning to go ahead with their plan to use “the crippled Word rendering engine to display HTML emails in Outlook 2010” as Campaign Monitor and The Email Standards Project put it.
I think Microsoft are doing lots of great things and I love and use some of their products regularly and happily. But I also love my ezines. I’ve been writing ezines for about eight years now and trying to keep up to speed on what works and what doesn’t in email. I know that many of the beautiful email newsletters that we see today came about from painstaking developing and care for cross platform/ browser/ email client compatibility. Email marketing can be really effective but it has to be able to relate visually to everything else a company produces online. It must reinforce that relationship so that even if a subscriber signed up on your site a week, a month or more previously, they will instantly recognise your brand and style in their inbox no matter what email client they use. You can read another interesting perspective on this issue on Long Zheng’s Blog who points out that while Outlook 2010 may have problems there are other email clients that are equally questionable when it comes to HTML rendering. If you do any sort of communication with your clients via email you should care about this issue and if you use Twitter you should add your voice to the campaign at fixoutlook.org
And if you aren’t emailing your clients em… right. I don’t know what to say to you. Try this for starters maybe?
Last Wednesday over 100 delegates attended the Net Imperative Roadshow in which the IIA were delighted to participate as a partner with Net Imperative. It was a free event chock full of information and many of the presentations with lots of interesting facts and figures can be found on the Net Imperative website (scroll right to the bottom after the list of attendees… also rather interesting reading ;))
Alan O’Rourke from IIA Member company Spoiltchild uploaded his presentation Vimeo which includes audio and is well worth a look.
I also finally had the pleasure of meeting Fred and Facundo from Channelship.ie, one of the IIA’s newest members. Fred said something to me on Wednesday that really resonated with me and I think it’s worth repeating. The recession, of course, came up in conversation, and Fred said something like, “You know, it’s at times like this that a good website can be a real important business resource. A good website is like having an extra sales, marketing or communications executive on the team. The only difference is that they work 24/7 for you!” Fred and Facundo really made the most of their day in the Guinness Storehouse, including this short video with the above mentioned, Alan O’Rourke of Spoiltchild.ie.