I was perusing a thread on Measure Slack about data collection/processing under the #GDPR and #ePD - the exceptions implemented in various countries (not to mention US, Brazil, Australia, Canada, etc.).
I felt like I was back in the early days of the web, when I had to make all sorts of exceptions because browsers were incompatible with each other (Netscape vs. Internet Explorer, and even AOL!).
Sometimes we had to use a specific browser to visit a site. On the development side, we had to make all sorts of compromises to be compatible with everyone.
Today, the browser war is over - there is healthy competition between vendors and the underlying standards have mitigated the confusion and exceptions.
The war is now being fought at the national level - where compliance and legal exceptions are wreaking havoc. End users must agree to share personal data or, worse, embrace the mantra that data can be anonymous. Each site offers a different consent UX and equally confusing privacy policies.
Exceptions are now introduced for legal reasons. Unless you're a marketer or analyst working for a hyperlocal company, you either end up having to deal with all sorts of exceptions in the delusional hope of getting more data... or you might adopt a #NoConsentNoTracking philosophy.
Many friends and people I respect in the industry now think I just don't get it. Someone said, "Compliance is more complicated than a charming hashtag, no matter how good it sounds. After all, there's a reason consent is just one of many legal bases for data collection/processing under the GDPR, and there's a reason the ePD has exemptions and guidelines for different use cases."
Yes, I get that. Some data collection is obviously essential to service delivery, or contractually required. None of those cases use a consent popup! But why would analytics and marketing require consent under GDPR/ePD rules and not under others on the sole basis they are from different countries/legal authorities (multiplied by other country)? Are human rights different? IMHO, in the long run, a user-friendly, respectful, transparent approach will trump any legalese.
I think all these rules and exceptions are frustrating, confusing, and will eventually drive us right into a brick wall. Outside of the echo chamber that is Measure Slack, can we really expect a "normal" analyst or marketer to understand these nuances or grasp all their implications? What about "normal" end users? Is there any hope that they will understand and accept these nuances and exceptions? (I'm not using the term "normal" in a pejorative way...)
A nuanced and open discussion should consider that maybe, just maybe, there is a different approach to all this. Maybe, just maybe, another solution lies not in exceptions, technical rules and tricks but rather in a radical shift in approach, corporate culture and values.
#Digitalmarketing #digitalanalytics #privacy #compliance #dataethics