[slightly edited for clarity & more references]
This week I did a workshop for a law firm. We discussed the technical side of privacy law. After all, even with the best lawyers and an impeccable privacy policy, if there is no technical audit to match the two, the result will remain a risk to the business and a huge potential impact on customer trust.
► There are various tools to detect cookies, but will they indicate that localStorage or fingerprinting is being used? Generally, no!
► Is a simple ad blocking browser extension enough to see what martech/adtech solutions are being used on a site? Absolutely not! Most of those tools use a list of known trackers & cookies and won't discover the "unknown unknown".
► Does the mere presence of a consent popup guarantee the user rights will be respected? More often than not, inappropriate tracking persists even when the user reject all cookies!
► Does one tool offer the full range of features to cover all aspects of an audit? No, even if there are some great ones like BlackLight from The Markup, a single tool to cover everything doesn’t exist!
► Are there any templates, examples, processes one could follow to ensure a proper audit? There are good references, like the Data Protection Privacy Impact Assessment (DPIA) template, but it’s far from being enough. The IAPP - International Association of Privacy Professionals has excellent resources, but again, it won't do any magic and it won't cover the technical side of things.
► Are there any resources to stay abreast of the latest in digital marketing privacy? I like to follow what The Rise of Privacy Tech and The Markup are publishing.
This is similar to the field of IT security, where there is a wide range of tools and resources, but deep expertise and specific understanding of the field is essential. There is no miracle solution to do a complete audit of the martech/adtech stack, and yet, it is an essential and critical aspect in an ethical and legal approach to data protection.
#lawfirm #privacylaws #legal #privacy #martech #adtech #dataprotection #GDPR #digitalmarketing #DPIA