Online Marketing1
Online Marketing
Jakub Klodwig
Ústav práva a technologií; NÚKIB
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Last time
̶ Contextual advertisement
̶ What does it mean?
̶ Spam regulation
̶ When are vendors allowed to send?
̶ Sector specific regulation
̶ Please name those sectors
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Types of online marketing
̶ 1) Content Marketing
Blocks, videos, infographics
̶ 2) Search Engine Optimization
Keywords, optimizations of websides, ranking improvement, meta tags
̶ 3) Pay-per-click
Advertisement, image, videos, articles
̶ 4) Social Media marketing
Advertise brands, propagation, influencers
̶ 5) Email Marketing
To keep customers, to purchase a product again
̶ 6) Affiliate Marketing
Recomendations, cooperation, brand improvements
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Why online marketing?
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Marketing effectiveness
̶ 1. Retargeting
̶ 2. Targeting based on serching
̶ 3. Targeting based on interests
̶ 4. Targating based on location/region
̶ 5. Non-targeted marketing
̶ 6.
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Real Time Bidding
̶ Automated digital auction process
̶ Demand-side platform, Ad Exchange, Supply-side platform
̶ Advertiser sets the budget and type of customer
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Real time what? How?
̶ http protocol
̶ stateless protocol
̶ Online identification
̶ Cookies
̶ Flash cookies
̶ Web beacons
̶ Fingerprinting
̶ …
̶ Cohorts?
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Cookies
̶ Simple text files
̶ Web server sends them to the user's browser for storage directly
on a terminal device
̶ Each time you visit a page, the browser server asks if it has such
a file stored in the browser
̶ First party X Third party cookies
̶ Session X Permanent
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Regulation of privacy protection
̶ DIRECTIVE 2002/58/EC OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL of 12 July 2002 concerning the
processing of personal data and the protection of privacy in the
electronic communications sector
̶ (Directive on privacy and electronic communications)
̶ Act No. 127/2005 Coll. Electronic Communications Act and on
Amendments to Certain Related Acts
̶ (Electronic Communications Act)
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Art. 5 Par. 3
̶ „Member States shall ensure that the use of electronic
communications networks to store information or to gain access to
information stored in the terminal equipment of a subscriber or
user is only allowed on condition that the subscriber or user
concerned is provided with clear and comprehensive
information in accordance with Directive 95/ 46/EC, inter alia
about the purposes of the processing, and is offered the right to
refuse such processing by the data controller.“
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Electronic Communication Act
̶ „Everyone who intends to use or uses electronic communications
networks to store data or to gain access to data stored in the
terminal equipment of subscribers or users is obliged to
demonstrably inform these subscribers or users in advance
about the scope and purpose of their processing and is obliged to
offer them possibility to refuse such processing“
̶ Except technical storage of access solely for the purpose of
transmitting
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General Data Protection Regulation – Rec. 173
̶ This Regulation should apply to all matters concerning the protection of
fundamental rights and freedoms vis-à-vis the processing of personal
data which are not subject to specific obligations with the same
objective set out in Directive 2002/58/EC of the European Parliament and
of the Council, including the obligations on the controller and the rights of
natural persons. In order to clarify the relationship between this Regulation
and Directive 2002/58/EC, that Directive should be amended accordingly.
Once this Regulation is adopted, Directive 2002/58/EC should be reviewed
in particular in order to ensure consistency with this Regulation,
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General Data Protection Regulation
̶ Are cookies personal data?
̶ Article 6:
̶ Processing shall be lawful only if and to the extent that at least one of the following applies:
A) the data subject has given consent to the processing of his or her personal data for one or more specific
purposes;
B) processing is necessary for the performance of a contract to which the data subject is party or in order to
take steps at the request of the data subject prior to entering into a contract;
C) processing is necessary for compliance with a legal obligation to which the controller is subject;
D) processing is necessary in order to protect the vital interests of the data subject or of another natural
person;
E) processing is necessary for the performance of a task carried out in the public interest or in the exercise
of official authority vested in the controller;
F) processing is necessary for the purposes of the legitimate interests pursued by the controller or by a
third party, except where such interests are overridden by the interests or fundamental rights and
freedoms of the data subject which require protection of personal data, in particular where the data
subject is a child.
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General Data Protection Regulation II
̶ Purchase to online cart
̶ Website security
̶ Marketing purposes
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Fingerprinting
̶ Gathering data from remote device to form its unique „fingerprint“
̶ Web server is processing technical data of the device connection
̶ Without user knowledge
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New ePrivacy Regulation
̶ REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE
COUNCIL concerning the respect for private life and the protection
of personal data in electronic communications and repealing
Directive 2002/58/EC (Regulation on Privacy and Electronic
Communications)
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Nowadays situation - Privacy Sandbox
̶ Google Chrome - 70 %
̶ Third Party Cookies
̶ Safari, Mozilla Firefox
̶ 2019 – creation of Privacy Sandbox iniciative
̶ 2020 – Google announcement to „shot down“ third party cookies
̶ 2021 – Federated Systém of Cohorts (FLoC)
̶ 2022 – End of third party cookies
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Federated Learning of Cohorts
̶ Only on Google Chrome
̶ SimHash creates random
numbers
̶ Lokaly saved in the computer
̶ Does not create personal data
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FLoC
Online Marketing
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FLoC – Google perspective
̶ 1) Meets the pressure to ban 3rd party cookies
̶ 2) It will continue to maintain its multi-billion dollar business
̶ 3) Make it difficult to track users across websites
̶ 4) Regulation of personal data protection is likely to be avoided
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FLoC evaluation
+ End of cross-site tracking
+ Mixing an individual into a group of users
- The risk of combining cohorts with other identifiers
(IP, fingerprinting, logs ...)
- The website has no further knowledge of the user's profile without
the need to follow it across the site
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Fingerprinting
̶ + End of cross-site tracking
̶ + Mixing an individual into a group of users
̶ - The risk of combining cohorts with other identifiers(IP,
fingerprinting, logs ...)
̶ - The website has no further knowledge of the user's profile
without the need to follow it across the site
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Conclusion
̶ Online marketing is very effective tool, which is able to target on
specific users, based on their profile
̶ There are many methods of online identification methods
̶ There is contradiction in between Czech and EU regulation
̶ kz
̶ The most privacy intrusive method is going to be replaced
̶ New ePrivacy regulation is going to be enacted
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Questions?
̶ Feel free to ask ☺