the right to be forgotten vs. the marketeer

DIGITAL MARKETING. AND THE LAW.

BY Matthias DOBBELAERE

(PARTNER AT LEGAL FIRM MYLEX) + (ICT-JURIST FOR BECOMMERCE) +

(BOARD MEMBER FEWEB)

MYLEX JURIDISCH NICHEKANTOOR // VOLG ONS: twitter.com/MYLEX oF facebook.com/MYLEX

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MYLEX

OR: HOW TO PROFIT FROM LAW?

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+ CONTENTS

INTELLECTUAL PROPERTY EMAIL MARKETING

+ Question?

PRIVACY

COOKIES

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SOCIAL & BLOGGING

INFORMATION

Intellectual Property: Why Should I Care?

COPYRIGHT & TRADEMARKS


GOOD

NEWS FIRST.

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THE LAW

CAN BE ON YOUR SIDE.

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© IS FREE.

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(!) CRUCIAL:

TRANSFER OF IP RIGHTS

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YOUR BRAND, YOUR REPUTATION.

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HOW DO I inform?

INFORMATION, INFORMATION


INFORM YOUR USER/SUBSCRIBER AND BE TRANSPARENT.

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LEGAL OBLIGATIONS.

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NOT SUFFICIENT.

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LIKE IT SHOULD BE:

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NOT SUFFICIENT.

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PRIVACY. FOR LOSERS?

PRIVACY


PRIVACY COLLECT WITH CARE.

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PERSONAL DATA?

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NAME, EMAIL, PIC, ADDRESS, ....

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BUT ALSO…

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1 “fairly and lawfully”.

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2 “legitimate purposes”.

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3 “SPECIFICALLY DEFINED”.

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4 “adequate, relevant and

not excessive”.

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TYPES OF DATA.

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NON- SENSITIVE.

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AND SENSITIVE DATA.

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MOBILE APP COLLECTING.

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SOCIAL MEDIA COLLECTING.

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LOCATION BASED DATA.

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THIRD PARTY SERVICES: FOURSQUARE, ...

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SELLING ID DATA?

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RULE OF THE MARKETEER.

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AND THE LEGAL RULE.

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LESS IS MORE.

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AND WHAT ABOUT THE FUTURE?

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GOOD NEWS FIRST.

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LESS GOOD NEWS.

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MORE LIABILITY.

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ICING ON THE CAKE…

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‘THE RIGHT TO BE FORGOTTEN’.

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SOCIAL MEDIA: PRIMERY TARGET.

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CAUTION NOT DEFINED!

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= ENTERPRISE, CLUBS, ...

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RECIPE FOR DISASTER.

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OH, IT’s JUST SPAM.

EMAIL MARKETING


ASK YOURSELF.

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FOND OF SPAM?

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TRUST Is everything.

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THIS SHOULD BE IN YOUR EMAIL:

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1. IDENTITIES:

MARKETEER + CLIENT

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2. TRANSPARENT INFO & URL

TO UNSUBSCRIBE.

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DON’T BE EVIL.

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HASSLE TO UNSUBSCRIBE?

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= BAD REPUTATION.

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GREAT TOOLS.

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DRAFT A SPECIFIC PRIVACY

STATEMENT FOR YOUR PAGE.

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PLAY NICE WITH PAID CONTENT.

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AGAIN: TRANSPARENCY IS KEY.

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CAUTION WITH FACEBOOK CONTESTS.

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CREATE A SEPERATE FB-APP!

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NOT ALL COOKIES TASTE GOOD.

COOKIES. AND CONSENT.


TYPES OF COOKIES?

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BELGIAN LEGISLATION.

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IMPLICIT CONSENT.

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EXPLICIT CONSENT.

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VIA BROWSER?

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DUTCH LEGISLATION.

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EXPLICIT CONSENT!

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STRICT REGIME: CHAOS.

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COOKIE MOBILE APP: COMING SOON

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CHECK COOKIERECHT.BE

SCREENS

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FREE APP WWW.COOKIEAPP.EU

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CHECK COOKIERECHT.BE

+ LAW IS A MARKETING TOOL.

TELL ME MORE!


LAW AND MARKETING:

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USE LAW AS A MARKETING TOOL.

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DON’T HIDE LEGAL INFORMATION:

MAKE THEM READABLE.

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NOT EVERYONE TRUSTS YOU/YOUR ONLINE CAMPAIGN.

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SO, GIVE them reassurance.

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+ NO SPELLING MISTAKES.

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+ NO CONFUSION.

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+ NO CHEAP DESIGN.

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+ NO LEGAL UNCERTAINTY.

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= MORE CONVERSION.

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ASK NOT WHAT YOU CAN DO FOR THE LAW.

ASK WHAT THE LAW CAN DO FOR YOU.

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Q&A BY MATTHIAS DOBBELAERE

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PARTNER AT MYLEX, ICT-JURIST AT BECOMMERCE AND BOARD MEMBER FEWEB

FOLLOW US VIA TWITTER (@MYLEX) oR FACEBOOK (/MYLEX).


the right to be forgotten vs. the marketeer

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