EU GDPR – Digital Marketing – European Commission – General Data Protection Regulation

What impact will the EU General Data Protection Regulation (GDPR) have upon advertising, media, marketing and social media channels in both the EU and outside?

How important is involvement of IT/web teams, customers, legal, financial, communications and marketing?

EU EC GDPR 2018 description for business and marketing

European Commission GDPR General Data Protection Regulation (image copyright European Commission)

The European Commission GDPR

According to the European Commission:

Fundamental rights

The EU Charter of Fundamental Rights stipulates that EU citizens have the right to protection of their personal data.

Legislation

The new data protection package adopted in May 2016 aims at making Europe fit for the digital age. More than 90% of Europeans say they want the same data protection rights across the EU and regardless of where their data is processed. (European Commission, 2018)

Scope of the GDPR

From the technology consultancy Trunomi (2018):

‘The EU General Data Protection Regulation (GDPR) replaces the Data Protection Directive 95/46/EC and was designed to harmonize data privacy laws across Europe, to protect and empower all EU citizens data privacy and to reshape the way organizations across the region approach data privacy. The key articles of the GDPR, as well as information on its business impact, can be found throughout this site.

An overview of the main changes under GDPR and how they differ from the previous directive

  • IncreasedTerritorial Scope (extra-territorial applicability)
  • Penalties
  • Consent
  • Data Subject Rights
  • Breach Notification
  • Right to Access
  • Right to be Forgotten
  • Data Portability
  • Privacy by Design
  • Data Protection Officers’

 

Australian context for the GDPR

From the Office of the Australian Information Commissioner (OAIC 2018):

Key messages

The European Union General Data Protection Regulation (the GDPR) contains new data protection requirements that will apply from 25 May 2018.

Australian businesses of any size may need to comply if they have an establishment in the EU, if they offer goods and services in the EU, or if they monitor the behaviour of individuals in the EU.

The GDPR and the Australian Privacy Act 1988 share many common requirements, including to:

  • implement a privacy by design approach to compliance
  • be able to demonstrate compliance with privacy principles and obligations
  • adopt transparent information handling practices.

There are also some notable differences, including certain rights of individuals (such as the ‘right to be forgotten’) which do not have an equivalent right under the Privacy Act.

Australian businesses should determine whether they need to comply with the GDPR and if so, take steps now to ensure their personal data handling practices comply with the GDPR before commencement.

Issues of non-compliance

However, Hern in The Guardian (2018) when observing large personal data using companies states:

Privacy policies from companies including Facebook, Google and Amazon don’t fully meet the requirements of GDPR, according to the pan-European consumer group BEUC.

An analysis of policies from 14 of the largest internet companies shows they use unclear language, claim “potentially problematic” rights, and provide insufficient information for users to judge what they are agreeing to.

“A little over a month after the GDPR became applicable, many privacy policies may not meet the standard of the law,” said Monique Goyens, BEUC’s director general. “This is very concerning. It is key that enforcement authorities take a close look at this.”

Impact on Email marketing

Email marketing software company MailChimp (2017):

The scope of the GDPR is very broad. The GDPR will affect (1) all organizations established in the EU, and (2) all organizations involved in processing personal data of EU citizens. The latter is the GDPR’s introduction of the principle of “extraterritoriality”; meaning, the GDPR will apply to any organization processing personal data of EU citizens—regardless of where it is established, and regardless of where its processing activities take place. This means the GDPR could apply to any organization anywhere in the world, and all organizations should perform an analysis to determine whether or not they are processing the personal data of EU citizens. The GDPR also applies across all industries and sectors…… relevant to MailChimp…

 

…..Expansion of scope; definitions of personal and sensitive data; individual rights: EU citizens will have several important new rights under the GDPR, including the right to be forgotten, the right to object, the right to rectification, the right of access, and the right of portability and stricter processing requirements’

 

However, the most significant issue are the stricter consent requirements:

Stricter consent requirements

Consent is one of the fundamental aspects of the GDPR, and organizations must ensure that consent is obtained in accordance with the GDPR’s strict new requirements. You will need to obtain consent from your subscribers and contacts for every usage of their personal data, unless you can rely on a separate legal basis, such as those found in number 5 below. The surest route to compliance is to obtain explicit consent. Keep in mind that:

1 Consent must be specific to distinct purposes.
2 Silence, pre-ticked boxes or inactivity does not constitute consent; data subjects must
explicitly opt-in to the storage, use and management of their personal data.
3 Separate consent must be obtained for different processing activities, which means
you must be clear about how the data will be used when you obtain consent. (MailChimp 2017).

Consent would appear to be both central to compliance and rights of privacy yet problematic for much existing practice in ‘marketing’.

Best Practice Marketing

Meanwhile in Australia Hanson (2018) argues in ‘Mumbrella’ that it’s best practice for both business and customers:

For Australian businesses that want to better serve their customers, the GDPR signals the end of activities that marketers should have abandoned long ago. This means that it’s no longer good enough to buy a mailing list, nor is it appropriate to send cold-call emails or, heaven forbid, actually send spam.

Under the new rules, customers have to explicitly opt-in to getting your communications. In the old days, it was fine to pre-tick boxes on a web form allowing you to send a customer marketing emails. Now you can’t do that. Instead, customers have to give consent to you communicating with them, and that consent needs to be clear, in plain English, as well as informed, specific, unambiguous and revocable.

How to implement GDPR?

What does this mean for marketing in a digital environment or system? According to the Digital Marketing Institute (2018):

Step 1. Get your privacy policy page up to scratch

Step 2. Audit your current databases for opt-in consent

Step 3. Re-opt-in campaigns for current databases

Step 4. Create a process for opt-in consent

Step 5. Get the sales team on board

Step 6. Review third-parties who have access to your databases

Step 7. Have a streamlined process for information requests

Step 8. Prepare for a security breach.

 

In the short term the direct impact is neither selling nor buying of client email lists, but clear or voluntary consent or opting-in, through organic collection of prospective and existing clients’ details, how?

Using digital marketing techniques for organic inbound SEO search engine optimisation traffic as not just strategy but a living system to attract prospective clients over time. This will ensure compliance and allow prospective clients to opt-in voluntarily for newsletters, follow up etc. with the peace of mind their data will be private and not be shared.

However, organic inbound SEO requires cooperation and input across departments to share inter disciplinary expertise whether strategic management, IT, legal, finance, logistics, marketing, communications and importantly, customers or clients.

 

Reference List:

Digital Marketing Institute, 2018, ‘Trends & Insights: The Definitive GDPR Checklist for Marketers’, 5 April, viewed 7 July 2018, < https://digitalmarketinginstitute.com/en-au/blog/05-04-2018-the-definitive-gdpr-checklist-for-marketers >

European Commission, 2018, ‘Data protection in the EU’, viewed 7 July 2018, < https://ec.europa.eu/info/law/law-topic/data-protection/data-protection-eu_en >

Hanson, G 2018, GDPR is a great thing for Aussie marketers, Blog, 13 June, viewed 7 July 2018, < https://mumbrella.com.au/gdpr-is-a-great-thing-for-aussie-marketers-522988 >

Hern, A 2018, ‘Privacy policies of tech giants ‘still not GDPR-compliant’’, The Guardian, 5 July, viewed 7 July 2018, < https://www.theguardian.com/technology/2018/jul/05/privacy-policies-facebook-amazon-google-not-gdpr-compliant >

MailChimp, 2017, Getting ready for the GDPR, MailChimp Blog, 9 Oct 2017, viewed 7 July 2018, < https://blog.mailchimp.com/getting-ready-for-the-gdpr/ >

OAIC Office of the Australian Information Commissioner, 2018, ‘Privacy business resource 21: Australian businesses and the EU General Data Protection Regulation’  <  https://www.oaic.gov.au/agencies-and-organisations/business-resources/privacy-business-resource-21-australian-businesses-and-the-eu-general-data-protection-regulation > 7 July 2018.

Trunomi, 2018, ‘EU GDPR key changes’, viewed 7 July 2018, < https://www.eugdpr.org/key-changes.html >

Advertisements

Copying and Plagiarism at University

Featured

Copying and plagiarism have always been apparent for various reasons and manifested in many ways.  Reasons can include rote learning via pedagogy versus andragogy, not coping or under time pressure which can lead to short cuts that can be easily identified by software such as Turnitin.

From Henrietta Cook in The Sydney Morning Herald:

How unis can beat the cheats by finding ‘fingerprints’ in their essays.

The tell tale signs of a cheat could be lurking in a comma or a seemingly innocuous double space after a full stop.

As universities grapple with a rise in contract cheating – which involves students outsourcing their assessments – technology is clamping down on the unethical practice by monitoring students’ unique writing styles.

The software, which has been created by US-based company Turnitin and will be launched later this year, is being developed and tested at Australian institutions including Deakin University, the University of New South Wales, the University of Wollongong and the University of Queensland.

Forensic linguists – the experts who scrutinise ransom notes and suspicious wills – helped identify 70 different factors that feed into a person’s unique writing style.

These include the use of commas, parentheses and dashes, how they list examples and whether they double space after a full stop…

…. Universities Australia chief executive Catriona Jackson said universities were continually coming up with new ways to detect cheating.

“There’s a clear message to all students in this: if you try to cheat, it’s very likely that you’ll get caught. So just don’t do it.”’

 

Advice for students (and institutions) would be learn how to write academically (should be compulsory in all university foundation and/or bachelor degree programs), plan well with time management to include good research of references or sources, use required referencing system (correctly) included in process of note taking, paraphrasing and synthesis, have draft for checking by lecturers, tutors or learning advisors, for feedback.

Further, institutions could provide a generic TurnitIn point for students to check essay or report drafts and be rewarded for process, as well as grade outcomes.

For more articles and blogs about teaching, learning and assessment click through.

TAE40116 Certificate IV Training Assessment Package – ASQA Review Submission

Submission for TAE40116 Training Package Review

 

Written by Andrew Smith; submitted 3 April 2018

Introduction

There has been much discussion amongst training practitioners about the updated TAE Training Package.  One of the main issues has been the perception that it has been designed for quality administration and assessment while neglecting quality of actual training delivery and learning.

ASQA Australian Skills Quality Authority Certificate IV Training and Assessment TAE40116 Review

TAE40116 Certificate IV in Training and Assessment – ASQA Review (Image copyright ASQA)

This has been experienced by the writer currently upgrading BSZ to TAE via a registered training organisation (RTO) by distance learning; PO Box with ‘assessors’ and ‘trainers’ based offshore.  Further, the delivery is based upon basic pedagogy of presentation of content, regurgitation of content according to instructions while seemingly unable to offer explanations or insight for trainees, especially delivery and learning skills based upon andragogy.

 

What is the TAE Training Package?

 

Description

 

This qualification reflects the roles of individuals delivering training and assessment services in the vocational education and training (VET) sector.

This qualification (or the skill sets derived from units of competency within it) is also suitable preparation for those engaged in the delivery of training and assessment of competence in a workplace context, as a component of a structured VET program.

The volume of learning of a Certificate IV in Training and Assessment is typically six months to two years. (Department of Education & Training 2018).

At face value the TAE40116 appears to be a relevant and practical qualification for vocational education and training to deliver accredited training packages, assure quality with a focus upon assessment.  However, there have been many criticisms of the package from practitioners, industry and other stakeholders, why?

Issues with TAE Training Package and Delivery

 

According to the Resources Training Council

 

It has become a qualification for the training industry, not industry that trains. They do not understand workplaces where training and more importantly the outcomes (assessment) must be fit for purpose to achieve what VET is all about.  VET should be about producing safe, proficient (productive) workers and providing an opportunity for learning to be built on as people move along their chosen career path (Munro 2017).

 

From an experienced VET training practitioner

 

To improve assessment practices of RTOs and improve skills and knowledge of trainers and assessors we need to:

  • Update our regulatory framework and move to a real outcome-based regulation, where relevant industry stakeholders have a say in the registration/re-registration process
  • Support the National Regulator in building the required capabilities to assess compliance in a diverse and complex environment
  • Ensure the National Regulator provides an even-playing-field to RTOs
  • Identify the different issues within the assessment system, and consequently identify gaps in current workforce skills (in all AQF levels not only entry level) and update the TAE training package accordingly (Castillo 2016).

 

Research criticisms have included: one size fits all approach whether novice trainer or an already well experienced and/or qualified trainer or teacher, trainer assessor expertise or skills, questions over subsequent assessment outcomes, lack of depth related to training and learning delivery, no clear development pathway and the skill outcomes from the TAE for practitioners to deliver (Clayton 2009).

The focus of criticism has been directed at sub-optimal education and training pedagogy (learning theory for children and young adults or novices) of both the TAE and practitioners for quality delivery, learning and trainee assessment outcomes.  These revolved round, preparedness of trainers to train, opportunity to learn content knowledge, delivery quality, learning the practice of good teaching or training, learning from experts, then more about planning and assessment (Ibid.)

The latter issue of assessment has been raised within sectors whether validation between providers, or simply better understanding of assessment by practitioners (Halliday-Wynes & Misko 2013)

Further, expert input often hints at what is lacking by focusing upon learning theory or ‘pedagogy’ for children and youth, as opposed to ‘andragogy’ for youth and adults.  The latter would be exemplified by self-directed learning or training, responsibility, experience, motivation to learn and preference for real tasks and problem solving (Educators’ Technology 2013); supported by well skilled trainers.

 

Training Delivery and Learning Quality

 

However, delivery of some TAEs has more to do with education and training or ‘pedagogy’ influence from two generations ago manifested in trainer or teacher directed, or top down.  This assumes trainees have no relevant knowledge or practical input to offer, focus upon systems, processes and assessment round any given package, but not delivery i.e. developing quality training and learning skills.  Additionally, very content driven for good reason, however, it is presented or instructed (not elicited) then regurgitated or replicated for satisfying requirements for assessment, then assumed optimal for the workplace?

The significant size of the VET sector requires standard packages, systems, processes and assessment to be compliant and manageable.  However, the risk is that system quality may be based upon indirect top down paper-based systems and processes of (quality) compliance that are reactive when issues emerge, if discovered.  For example, sub-optimal training and learning, versus proactive measures through more intrusive evaluation of actual training delivery quality or bottom up informing.

Quality maybe improved by intrusive quality assessment through mystery shopping on any given TAE course, dynamic (publicised opportunities) for feedback from trainees and clients, evaluation of specific programs and trainers or evidence of dynamic quality evaluation of skills versus merely possessing a TAE qualification or ‘ticket’.

 

References:

 

Castillo, A 2016, Newly endorsed Certificate IV in Training and Assessment – Same Issues, LinkedIn Pulse, viewed 22 March 2018, < https://www.linkedin.com/pulse/newly-endorsed-certificate-iv-training-assessment-amaro-castillo/ >

 

Clayton, B 2009, Practitioner experiences and expectations with the Certificate IV in Training and Assessment (TAA40104): A discussion of the issues, NCVER Melbourne, viewed 22 March 2018, < https://www.ncver.edu.au/__data/assets/file/0023/4658/nr08504r.pdf >

 

Department of Education & Training 2018, MySkills: Certificate IV in Training and Assessment, viewed 22 March 2018, < https://www.myskills.gov.au/courses/details?Code=TAE40116 >

 

Educators’ Technology 2013, AWESOME CHART ON “PEDAGOGY VS ANDRAGOGY”, viewed 1 April 2018, < http://www.educatorstechnology.com/2013/05/awesome-chart-on-pedagogy-vs-andragogy.html >

 

Halliday-Wynes, S & Misko, J 2013, Assessment issues in VET: minimising the level of risk, NCVER, viewed 22 March 2018, < http://www.cmd.act.gov.au/__data/assets/pdf_file/0015/801600/AssessmentIssuesInVET_MinimisingTheLevelOfRisk.pdf >

 

Munro, J 2017, The TAE debacle – a resources sector view, Resources Training Council, viewed 31 January 2018, < http://www.resourcestraining.org.au/news/the-tae-debacle/ >

Soft or Work Skills Development of Students for Employment

Featured

Soft or Work Skill Development

We often hear talk about generic work skills, soft skills or digital related, but what are they and why are they important?

Hard skills may shortlist you for a job interview, but soft skills will have you selected, and may include the following which could also be described as personal attributes or selection criteria:

 

Communication, Organization, Teamwork, Punctuality, Critical Thinking, Social Skills, Creativity, Interpersonal Communication, Adaptability and Friendliness (Berger 2016).

 

According to Harvard Business Review article ‘DEVELOPING EMPLOYEES: The Soft Skills of Great Digital Organizations’:

 

Smart organizations have recognized that introducing new technology into the workplace isn’t about hardware or software: it’s about wetware, also known as human beings. If you want to be the kind of nimble business that can make the most of successive waves of tech innovation, you need human beings who can adapt to change. That means equipping each person in your enterprise with the skills and mindset that will help them successfully adapt whenever you introduce new tools like Slack, Basecamp, or even Google Drive into your workplace. But what exactly are these digital skills? They may be more familiar and low-tech than you think (Samuel 2016).

 

These could include goal focus, collaboration, communication, learning, troubleshooting and enjoyment.

 

Another view from traditional work of soft skills would designate planning workload, communication, reports, presentations, collecting/using information, note taking, data literacy, projects, ethics, problem solving, decision making, team work, meetings, negotiation, stress management and reviewing one’s own personal skills and development (Bingham and Drew 1999).

 

How does one develop these soft or work skills for work, community and life?

 

According to Open Colleges Australia the following tips are needed to teach students soft skills:

30 Tips to Teach Soft Skills

  1. Give students authentic choices about how they’re going to learn and be assessed.
  2. Provide a learning environment where trust, initiative, and taking risks are encouraged.
  3. Hold all students to the same high standards.
  4. Model perseverance by not giving up on students.
  5. Support students by helping them find their own way.
  6. Demonstrate alternate paths to content mastery.
  7. Teach to the whole person (not just the “student”).
  8. Treat your students as mature individuals, even when they aren’t following instructions.
  9. Talk about tailoring communication styles for different audiences.
  10. 1Build students’ interpersonal skills through an environment of humility and respect.
  11. Help students practise taking on different roles in different situations.
  12. Differentiate opportunities for personal growth and opportunities for team growth.
  13. Cultivate a sense of responsibility through meaningful and unique contribution.
  14. Assign group exercises that give people the opportunity to speak, listen, write, organise, and lead.
  15. Assess learning through interactive evaluations that demand real-world demonstrations of learning.
  16. Challenge students’ reactions to new obstacles and situations.
  17. Emphasise that the same solution doesn’t necessarily work every time, even in the same situation.
  18. Incorporate exercises in delayed gratification in order to build persistence and grit.
  19. Start grading students on how well they listen to their peers.
  20. Discuss the importance of social-emotional intelligence in the real world.
  21. Design opportunities for students to build and demonstrate resilience.
  22. Make learning a personal experience, highlighting the way education shapes personality.
  23. Create opportunities for students to innovate, both on their own and in groups.
  24. Draw attention to the differences between online and in-person social etiquette.
  25. Reward students who are willing to admit they’re wrong.
  26. Recognise students who are committed to communicating ideas to others.
  27. Hold brainstorm sessions in which students list the possible uses for various soft skills.
  28. Help build motivation through principles of self-reliance (read: Emerson, Thoreau).
  29. Keep an open ear and encourage students to develop new thoughts and ideas they may have.
  30. Develop learning ability through greater awareness of individual learning processes (Briggs 2015).

 

Teaching, training or tutoring approaches to learning need to be centred upon student centred andragogy for adults not teacher centred pedagogy for children, see related article blog FLIPPED Model – Pedagogy or Andragogy in Higher Education Teaching Learning.

 

 

References:

 

Berger, G 2016, Data Reveals The Most In-demand Soft Skills Among Candidates, LinkedIn Talent Blog, 30 August, viewed 30 March 2018, < https://business.linkedin.com/talent-solutions/blog/trends-and-research/2016/most-indemand-soft-skills >

 

Bingham, R & Drew, S 1999, Key Work Skills, 1st edn, Gower Publishing Ltd., Aldershot.

 

Briggs, S 2015, 30 Tips to Cultivate Soft Skills in Your Students, Inform Ed – Open Colleges, 1 May, viewed 30 March 2018, < https://www.opencolleges.edu.au/informed/features/30-ways-to-cultivate-soft-skills-in-your-students >

 

Samuel, A 2016, ‘DEVELOPING EMPLOYEES: The Soft Skills of Great Digital Organizations’, Harvard Business Review, 5 February, viewed 21 March 2018,
< https://hbr.org/2016/02/the-soft-skills-of-great-digital-organizations >

Focus Group Feedback – Qualitative Data Analysis – Grounded Theory & Coding

Featured

Focus Group Feedback – Qualitative Data Analysis – Grounded Theory & Coding

 

Potential respondents must have the ethics of research explained before any interview or feedback, not only verbally at start of an interview or related interaction, but inclusion on a briefing document explaining study and research, storage of data, along with ethics.

Focus Group Interviews

 

Focus interviews, individual or via a group, based on psychoanalysis, can be very adaptable, allow expression of body language, in addition to concept checking or informal communication which would be precluded by the written form.  However, there are disadvantages, interviews can be very time consuming to conduct, transcribe, code and analyse when using open questions to elicit perceptions, attitudes and experience of the research area, plus they can be subjective or prone to bias.  On the other hand, they are useful to explore same perceptions etc., then importantly, used to inform a valid survey or data collection instrument or further research (Bell, 2005).

 

Types of interview include structured e.g. answering survey face to face, semi-structured and unstructured, the latter allows good quality data to be offered.  The unstructured interview can offer an opportunity for an industry person to explain and elaborate on issues that have emerged organically, that would have otherwise remained unknown and ignored (Ibid.).

 

Focus Group Interview Feedback Respondents

 

The ‘Focus Respondents’ for this research study included two former international students now professionals with digital literacy, two international education marketing (and admissions) managers for large multinational education providers and two more senior ‘Focus Respondents’ who manage within international education, but without formal marketing background.

 

‘Focus Respondents’ were asked open questions based upon the literature and round the information search process with any critical issues, key words, processes or phenomenon to be expressed, not in long narrative for full transcription, but abbreviated for notes and action coding.

 

It was explained to focus respondents, to give them structure or context, that the general focus was decision making behaviour process, represented by a five-stage model:

 

Purchase Decision Making Model

 

Five Stage Purchase Decision Behaviour Model or Process (simplified)

  • Recognition of Need
  • Information Search
  • Evaluation of Alternatives
  • Purchase Decision
  • Post Purchase Behaviour

(Kotler & Keller, 2012).

 

From same focus interviews regarding information search or discovery process, the research elicited factors or latent variables, then quantified by survey to analyse for significance of these factors in ‘optimal marketing and communications’.  These factors and construct can then be used to develop an information seeking construct and a useful template for industry.

Next step is to deliver survey to a hopefully significant sample population to then ground any marketing strategy development.

 

Reference List:

 

Bell, J. (2005) Doing Your Research Project. (4th Ed.). Maidenhead: Open University Press.

 

Kotler, P. & Keller, K. (2012) Marketing Management. (14th Ed.) Upper Saddle River: Pearson Education – Prentice Hall.