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 >

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Soft or Work Skills Development of Students for Employment

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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

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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.

Focus Group Research for Digital e-Marketing Strategy Development

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Digital or e-Marketing Strategy Development
Research Design & Methodology

 

Optimal research is based on triangulation between scholarly and industry research representing a process with related factors, then analysis and coding of key stakeholder feedback according to same process.  Thirdly, it can be followed by quantitative data gathering or survey of customers’ attitudes on the factors that emerged, joining the circle or triangulation.

 

The literature review can highlight research and industry issues or views of marketing and communications for international education or related products and services, leading to an optimal marketing and communications construct to inform strategy and professional practice.  Additionally, to inform or validate any construct, qualitative data needs to be collected through focus type respondents from industry or target market, coded and analysed for inclusion of important factors in a survey instrument.

 

Quantitative data can be collected, described and analysed; resulting in a practical process and template for both small and large entities. It is limited neither to education nor marketing, but applicable to any workplace investigation or consulting, not unlike good investigative journalism or detective work or training needs analysis.

 

Research Approach Rationale

 

This data collection and qualitative research use the inductive approach, with grounded research methods, which informs development of a survey instrument, and represents the purchase decision process model.  The focus is ‘information search or discovery process’, produces data for analysis and then informs a generic marketing and communications model or template, for marketing and communication practitioners, through a process.

 

This is opposed to taking the deductive approach of testing a hypothesis already formed from previous research or practice, assuming data and a hypothesis or rationale is publicly available.  However, the deductive approach is precluded by the lack of the following: transparent marketing strategies, access to data, direct process based KPIs key performance indicators and ROI return on investment, meaningful analytics on student marketing and communications, and access to statistically significant sample population(s).

 

 

Effective medium or long-term strategy may be precluded by a short-term sales or ROI type of analysis of an annual marketing investment budget, evaluating only selected inputs and outputs, but neither processes nor future income streams.  Accordingly, with related scholastic research lacking in this field, a contemporary framework or construct reflecting both target market and changing technology, is needed to aid analysis and future marketing.

 

Research Design & Methodology

 

The research can start with question or proposal round ‘information seeking’, review of marketing research literature and education industry reports with expert focus respondent feedback.  From the latter, a survey instrument can be developed, piloted, data collected, then analysed according to descriptive statistics through e.g. Survey Monkey, then data tabulated, presented, analysed, reported and linked back for business applications.

 

Inductive Approach to Qualitative Research

 

One can take the approach of ‘theory first’ and test deduced hypotheses to verify theory, or conversely ‘theory after’, not starting with theory but collecting data to generate a theory or model.  This is not unlike inferring the significant factors that impact how Google and Facebook Page search algorithms affect SEO, when the algorithm is commercial in confidence.

 

The research is based on eliciting relevant process or factors to inform and develop a latent construct of optimal marketing and communications for students as purchasers, especially related to the information seeking phase or journey.  This construct, developed through inference, should suggest good industry practice that includes latent factors or (re)sources that allow students to find relevant information to analyse for a future purchase decision.

 

Advantages of this approach are that it allows one to take a research direction, it does not force respondents to adopt a restrictive theory or framework that may preclude relevant feedback (Saunders et al., 2009).  Such a construct can be used to develop a marketing and communications strategy or template, then used to develop initial, or compare existing, strategy and evaluate, according to users, clients or students; creating systematic process and utility in the sector.

 

Research Proposition

 

How do students’ or customers’ information seeking behaviours relate to marketing and communications strategy in international education or related service industries?

 

The research proposition posits that there is a relationship between more recent information seeking factors exemplified by digital, and the older WOM word of mouth, for a purchase decision process, with development of grounded, practical marketing and communication strategy.

 

This data collection and research focused mostly upon the similarities in recent digital based ‘information search or discovery process’, the factors that are related to this process and could be used to infer an optimal information seeking construct or model (Kotler & Keller, 2012).

 

Reference List:

 

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

 

Saunders, M., Lewis, P. & Thornhill, A. (2009) Research Methods for Business Students. (5th Ed.) Harlow UK: Pearson Education Ltd.

 

 

VET Vocational Education Training TAFE TAE and Related Issues

Following is an excerpt from a news article and an Education Minister’s press release proposing new source of school teachers while the vocational system is in a state of flux with the sub-optimal TAE Certificate IV in Training and Assessment and quality.

Workplace Training in Australia and the TAE Certificate IV in Training and Assessment

Workplace Training in Australia and the TAE Photo by Mikes Photos from Pexels

From tradies to teachers: The plan to ‘shake up Australia’s schools‘.  The Turnbull government wants to encourage tradies to become teachers, and nurses to swap the clinic for the classroom, under a plan to “shake up” the country’s schools.

A national review of teacher registration – to be announced Saturday – will look to streamline the process for becoming a teacher around Australia……

At present, most states require teachers to attain at least a diploma of education, if not an undergraduate teaching degree……..

….Education Minister Simon Birmingham said it should be easier for people with experience in specialist areas to teach those trades at schools and vocational colleges…

…Australia’s falling position on global literacy and numeracy rankings, as well as disappointing NAPLAN results, have worried education ministers around the country.

 

The article does not offer any context or reason for the Minister’s or the government’s ‘plan’?

The Australian Education Council has not made any related public statements, let alone conducted research?

For the government, the Minister and the Education Department’s interest, there TAE40116 – Certificate IV in Training and Assessment is already a pathway for trades and healthcare personnel to teach or train:

Qualification 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.

Licensing/Regulatory Information

Achievement of this qualification by trainers is a requirement of the Standards for Registered Training Organisations (RTOs) 2015

 

Further, in a relate article from Jim Munro, CEO of the Resources Training Council ‘The TAE debacle – a resources sector view’:

It is this writer’s opinion, that since BSZ, this program has been slowly hi-jacked by those who have no idea of what happens in the real world of workplace training. It has become a qualification for the training industry, not industry that trains.

 

One has observed in the past generation or two, several significant changes including removal of many technical streams and sometimes active ‘dumbing down’ of high school or matriculation education curricula (lower competency for entry to STEM or university, lack of skills in language, literacy and numeracy LLN, and removal of explicit teaching of ‘critical thinking’), teaching becoming too academic and pedagogic (teacher directed) based, versus andragogic (student centred); overseen by teacher unions, the (hollowed out) bureaucracy, resurgence in old conservative ideas of education and looking down at VET or TAFE.

Appears to be following the US conservative and/or nativist strategy of supporting elite schools and compromising the rest, leading to sub-optimal education and training outcomes in society and employment, exemplified by dumbing down, anti-science sentiment, leveraging or compromising sympathetic paid academia or research for political purposes etc.; leading to or maintaining more compliant, observant and respectful (to authority) society?

Ten years ago, we had John Howard promoting the anti ‘black arm band’ version of history, school chaplain program (outsourced to some dubious US influenced charities), last week the Liberal Opposition in Victoria mooted the idea of police permanently based in schools and now federally the government is planning that ‘tradies’ and ‘nurses’ can transfer into high schools, why do they want this disruption?

It may also follow the nostalgia of work and need to have influence, not just for conservatives of the right, but old ‘culturally specific’ white working-class conservatives in the important upper age median vote, who used to vote Labor?

They could do better by improving the Cert IV qualification or TAE which is seriously flawed due to focus upon narrow training package inputs, and assessment outputs with administration of related process and document management, or Taylor’s ‘Scientific Management’ as used on assembly lines.

However, the TAE ignores or is not fit for purpose when it does not equip trainers with practical skills to deliver quality training and learning, more about leading learners to become robots (workers following instructions) in a system of processes made easier to administer and audit; maybe the intention?

Rather than reinvent the wheel just fix up the existing wheel to offer training or teaching opportunities to ‘tradies’ and nurses, maybe review and improve the career or further study counselling youth receive from teachers, parents and peers, while repairing TAE and VET sector’s reputation?