Overview
This lecture reviews how European data protection laws, especially GDPR and the e-Privacy Directive, apply to telemarketing, direct marketing, online advertising, and internet technologies, emphasizing compliance requirements and emerging data protection challenges.
Telemarketing & Direct Marketing
- Telemarketing involves directly calling individuals to promote products or services and is subject to strict data protection regulation.
- The GDPR and e-Privacy Directive require data minimization, transparency, and explicit consent for telemarketing.
- Telemarketers must obtain freely given, specific, and informed consent before making promotional calls and allow for easy consent withdrawal.
- Some EU countries use Telephone Preference Services (TPS), requiring telemarketers to screen call lists against opt-out registries.
- Telemarketing activities must be recorded, including consents and call logs, to prove compliance.
- Direct marketing includes telemarketing, email campaigns, and postal mail targeting consumers directly.
- Direct marketing under GDPR requires a lawful basis for processing personal data, such as consent, contract, or legitimate interest.
- Marketing communications must clearly identify the sender, describe data use, and offer opt-out options.
- Targeted advertising in direct marketing requires data minimization and a lawful basis (usually consent or legitimate interest).
Online Behavioral Targeting & SEM
- Behavioral targeting uses individuals' online activity data to deliver personalized ads, requiring explicit consent for sensitive data.
- The EDPB guidelines make social media platforms and advertisers jointly responsible for data protection in targeted advertising.
- Both platforms and advertisers must provide transparent information about targeted ad data collection and processing.
- Search Engine Marketing (SEM) includes paid ads and SEO, involving data processing to track engagement and requires GDPR-compliant transparency and lawful processing.
Internet Technologies (Cloud, Cookies, Social Media, AI)
- Cloud computing involves remote data storage/processing, requiring processor contracts and GDPR-compliant international data transfer safeguards.
- Websites must obtain informed, specific, and freely given consent before placing non-essential cookies, per the e-Privacy Directive.
- Cookie walls that block access unless users consent may violate GDPR's standard of "freely given" consent.
- Social media platforms must avoid dark patterns and ensure transparency and consent for data sharing with third parties.
- AI technologies, including machine learning, require informing users about automated decisions and allowing opt-outs; ethical concerns include bias and transparency.
Key Terms & Definitions
- GDPR (General Data Protection Regulation) — EU law on data protection and privacy for individuals.
- e-Privacy Directive — EU directive regulating privacy in electronic communications.
- Consent — Freely given, specific, informed agreement by an individual for data processing.
- Telephone Preference Service (TPS) — Registry for opting out of telemarketing calls.
- Dark Patterns — Deceptive UI designs manipulating user choices.
- Joint Controllers — Two or more entities sharing responsibility for processing data.
Action Items / Next Steps
- Review GDPR and e-Privacy Directive consent requirements.
- Prepare documentation templates for telemarketing and direct marketing compliance.
- Stay updated on EDPB guidelines for targeted advertising and AI ethics in data processing.