Séries

The purchasing power of post-pandemic consumers

jfrenaud@adviso.ca (Jean-François Renaud) — Sat, 13 Mar 2021 00:58:00 GMT

The future of advertisers on Facebook

jfrenaud@adviso.ca (Jean-François Renaud) — Fri, 26 Feb 2021 00:56:00 GMT

For the aperitif this week, we welcome Jean-Hugues Roy, former journalist at Radio-Canada and professor at UQAM, to discuss the recent tremors that have hit the web giant Facebook and the potential repercussions on the decisions of advertisers.

The legal issue of data use

sgelinas@adviso.ca (Stéphanie Gélinas) — Sat, 06 Feb 2021 00:49:00 GMT

The guest of the aperitif: Éloïse Gratton. Éloïse is a lawyer, more precisely Partner and National Co-Leader, Privacy and Data Protection Practice Group at Borden Ladner. She has also previously taught at HEC and the University of Montreal. Today, she lectures and is sought after for her expert advice on privacy bills.

Jean-François is full of praise for her, calling her…

Generous, fun, not sleepy and knows a lot about her subject!

As they say, it promises.

In this aperitif, Jean-François and Éloïse discuss:

The history of data protection with us
Provincial Bill 64 (in Quebec)
Federal Bill C-11 (in Canada)
Companies – Will they really follow these laws?
What Organizations Should Do Today for Privacy

And since the subject is rather strong, let's not waste time, let's go !

(If you need to catch up on data protection and the cookie apocalypse, head over to our blog ).

A LITTLE HISTORY

In Quebec, we are the first jurisdiction in Canada to have introduced a law, in early 1990, regarding the protection of personal information. Although the main principles remain, the law is now somewhat outdated. Indeed, the reality on the web has evolved enormously, and therefore, the update is essential with law 64 in Quebec.

In Canada, federal law C-11 prevails, unless you are in Quebec, Alberta or British Columbia. This means that, for example, a Quebec company doing business across Canada must comply with 1. Quebec rules in Quebec, 2. British Columbia rules in British Columbia, 3. Alberta rules in Alberta, and 4. Canadian rules elsewhere in the country. Complicated? Barely…!

And how do Canadian laws compare to the United States and Europe? We are in between. In Europe, privacy protection is much stricter, and large penalties apply. Let's say that Europe is giving GAFAM a hard time.

In the United States, the vision is very different. There are few interventions, apart from California which has implemented a similar law in Canada.

In Canada, our laws are more aligned with Europe, but without major penalties. However, this should change with everything that is coming.

WHAT IS BILL 64?

As explained above, the Quebec government hopes to update itself in order to adapt to the current context, and therefore, to better protect the privacy of Quebecers. These updates include:

Security
The governance
Access to information
The age of consent, which increases from 13 to 14 years
The use of data in research (today facilitated)
Penalties (recalcitrants would be liable to fines of up to 10 million or 10% of their turnover)

The big difference with the law of the 90s? Express consent. Because at the time, we already had to explain, in its terms and conditions, how the data will be used. Today, it's the same, but the user must now tick whether or not he accepts the terms and conditions, hence the concept of explicit consent.

Another difference: companies are asked to use clear language and not legal jargon that everyone misunderstands. Does that imply that you can write hundreds of pages of terms and conditions in plain language, but no one will read it because it's too long? Here, the law is still unclear.

In Quebec, the law stipulates that one must ask for consent for… absolutely everything. Éloïse does not agree with this position, because the burden is placed on individuals, not on companies. She hopes that Quebec uses its “common sense” to seek consent when it really matters (example below).

WHAT ARE THE DIFFERENCES WITH BILL C-11?

The two laws are not necessarily completely different, but C-11 is a bit more flexible with respect to consent. It is admitted (as in Europe) that it does not make sense to use consent all the way.

We have therefore created exceptions for usual business practices that are not contrary to consumer expectations. For example, you don't need your client's consent to send them their invoice (because it's just… normal to do so!). But in Quebec, we must systematically obtain consent.

IS QUEBEC GOING TOO FAR?

The Quebec bill is tougher than in Canada. In some respects (such as systematic consent) it goes further than in Europe.

That said, the bill is not yet finished, it is currently being negotiated clause by clause. The federal government has already tabled it… Perhaps Quebec will realize that it is preferable to link up a little more with Canada… To be continued.

Is this a Quebec political strategy to win votes? Not necessarily. There are also a lot of good things in the project, in terms of research or security incidents. That said, marketing is often unloved by curators (with its targeting, profiling, etc.).

According to Jean-François, this sometimes goes too far, for example with this article from LaPresse accusing MétéoMédia (Pelmorex) of geolocating its users , while they geolocate them to give them the weather forecast…! It's a shame to attack a Canadian company, while, just next door, the GAFAM go much further.

WHAT ABOUT DATA STORED IN FOREIGN SERVERS?

Even if a Quebec company's data is stored elsewhere, it must comply with Quebec laws for its operations here. But for Éloïse, the real question is: once the personal information is hosted abroad, are they subject to other rules? The answer is yes. If data is hosted in China, and the Chinese government decides to have access to it, Chinese laws prevail. And we still need to know where our data is hosted, because sometimes we don't even know...

Hosting abroad is always a business risk for companies. But currently, it is not forbidden to do so, you just have to be transparent. However, in Bill 64, it becomes more complicated to store abroad. You have to look at which countries are eligible and if they have similar laws. You have to have a contract, do a risk assessment… In short, it's very cumbersome. That said, Éloïse does not believe that these requirements will remain, because they are unrealistic.

DO THE SAME LAWS APPLY IN B2B?

There is now an exception for business contacts. So today, a professional email address is personal information, but there would be a future exclusion. We would therefore not need to have explicit consent to use this data. That said, with the anti-spam law that applies (C-28) you can't do anything (like send an email without consent). And in advertising? Still a lot of gray areas.

For Éloïse, Bill C-28 was already going too far. We must make a difference between the impact of the personalization of advertising and data security... This law gives us competitive disadvantages compared to other markets which, like the United States, still operate with a regime opt out.

IS THERE AN EXPIRATION DATE FOR THE DATA?

No. But there is a principle that you don't keep data if it is no longer necessary for your product or service. Companies must therefore reflect on this and have a retention policy; how long do we want to keep our data?

That said, getting rid of data goes against new AI tools; the more data we have, the more fun we can have, understand trends, make amazing discoveries.

So how can we be clear about the use of data, when all uses are not yet known by companies using AI? Well, whether this new use is compatible with the original collection remains to be seen.

WHAT ABOUT FREE PLATFORMS OR SERVICES?

If we offer free services, does the email become consent? With the new bill, it's still a gray area. For example, at Facebook in 2009, it was concluded that personal information is the price to pay for the free use of the platform. Would this reasoning be the same in Quebec? We don't know yet.

IS IT UTOPIAN TO THINK THAT COMPANIES WILL FOLLOW THE LAWS? OR THAT REAL PENALTIES WILL BE GIVEN?

Today, yes, it is utopian. But with the laws and penalties to come in Quebec (up to 10 million), we imagine that this will become quite a deterrent. In Canada, it is different, the law gives less power to the Office of the Privacy Commissioner.

That said, the same penalties were provided for with Bill C-28; we were talking about thirty full-time inspectors in Canada… And yet, few fines were given. It's true, but according to Éloïse, this law is very poorly drafted, it has several exceptions, and therefore, it is difficult to apply.

Be aware, however, that the decisions of the commissioners are sometimes surprising. For example, the one from last fall on smart billboards in a shopping mall. These panels collected general data on the time and type of profile frequenting the place (eg gender and age). But because a unique number was assigned to each passerby, we decided that the data could be sensitive...

But how do you get explicit consent in this context? It's almost impossible… On the other hand, it would be necessary to inform the visitor minimally (even if it remains not explicit), and to ensure that no sensitive information is collected (like the unique number). What exactly is sensitive data? Another gray area!

WHY ARE THERE STILL TOO MANY GRAY AREAS?

It's true, it brings a lot of uncertainty. But it also brings an interesting flexibility for companies which innovate, and which want to launch new practices. For example, the notion of sensitive data is not clear, but it is better to see how things evolve before settling. In Europe, the list of sensitive information is already determined (religion, sexual orientation, financial data, etc.).

WHAT SHOULD COMPANIES DO TODAY FOR PRIVACY?

1. Write a quality terms and conditions section

Clear access to the different sections (for example, with an automated table of contents).
Prioritize the information that really interests the reader at the very beginning of the document.
Write in plain language, not legalese.
Be as transparent as possible about the use of data, including concrete examples; it is not enough to mention that the data could be shared with third parties – examples of these third-party platforms are needed.

2. Create a pilot group (or focus group ) to test reasonableness (i.e. the reasonable expectation of the average consumer)

For example, is the use of data X reasonable and non-intrusive? Is it understood?
Since there are a lot of gray areas, documenting such a process can back us up , and help us manage risk.

3. Make sure you have explicit consent for the use of data

4. Respect the wishes of customers

Some of your customers no longer want to receive your newsletter? Well, the least you can do is respect their wishes.

5. Have the technological means of our ambitions

Are your databases segmented well enough to meet your usage promises?
Or are your systems strong enough to use your data as promised?

AND FINALLY, WILL WE BE ABLE TO KEEP UP WITH ALL THESE CHANGES?

It's a challenge, but one of the fundamental principles is that the law must be technologically neutral. Which means we won't have to change it in 6 months or 1 year. Which also means that we have more flexible laws, and therefore gray areas.

In other words, we need to do risk management, less compliance. It's hard to tick boxes. We have to stop seeing everything black or everything white. Rather, it is about navigating risk intelligently and responsibly, taking consumer psychology into account.

Because let's not forget one thing: all these upheavals are for the good of the consumer. If we do things that way, it should be fine.

4 Big Reasons to Activate Google Analytics 4 Before 2022

rkamena@adviso.ca (Roger Kamena) — Tue, 02 Feb 2021 00:00:00 GMT

As mentioned by Jean-Philippe Gauthier (Head of Platforms and Digital Marketing Transformation at Google) during his interview with our co-founder Jean-François Renaud, 2021 is a transitional year for Google Analytics. It’s the year users of the current standard version will be asked to transition to the Google Analytics 4 version.

This will be a major change and probably one of the most important in the history of Google Analytics. Given this, and as we explained in our preceding article on the subject, we recommend that you not uninstall your current version, but instead activate GA4 in parallel, the reason being that this new iteration is still under development and therefore not quite on equal terms with the old version.

In a sense, this parallel activation could be thought of as what DJs call a wordplay transition technique. In simple terms, for a successful wordplay transition, a DJ must take a word or line of a song and use it in a successful mix into the next track.

Source image link

In the context of Google Analytics, it’s about using the current configuration of your program as a reference point for the next implementation. This way it will be possible to compare the two instances and make adjustments while the old version is still online.

What are the incentives for implementing GA4 now?

For some, it’s tempting to say, “Why not wait until 2022 to implement GA4?” If that’s you, then here are four reasons to not be one of the procrastinators and instead get cracking as soon as possible.

#1 Better preparation for the cookie apocalypse

GA4 is not a solution that can directly mitigate the cookie apocalypse. However, the platform was created to make up for the measurement differences and disparities caused by the disappearance of third-party cookies and IDFA. According to Russell Ketchum, Group Product Manager at Google Analytics, the new version will use more and more machine learning to fill in the data gaps caused by the loss of cookies and IDFA. This is in part possible due to the unification of mobile and web data offered by GA4.

# 2 Enriched media audience creation

The unification of mobile and web data brings several advantages, including the possibility of creating audiences that are richer, more granular and more relevant for media targeting. Thanks to GA4, there are opportunities to develop an audience strategy that is not just more advanced, but multi-screen and multi-device. In an economic period when every marketing dollar counts and audience targeting is the lifeblood of media targeting, these functionalities shouldn’t be taken lightly. What’s more, based on all the audience creation options available with the new signal technology developed in GA4, the future looks very promising for marketers thirsty for more advanced segmentation.

#3 More in-depth marketing analytics and e-commerce reports

GA4’s approach in terms of performance reports has also be significantly overhauled. The new reports are more in-depth and real-time measurement is greatly improved. Also, the unification of webpage and mobile application data is a major change. This new paradigm will enable us to have an improved, unified understanding of the consumer within one single analytics platform. With the current version, you have to separate the analytics from the web and from your mobile application. This is an outdated approach in a world in which users interact with your brand on several devices and through various media (web + app). Furthermore, for those who haven’t read my article on the subject, remember that all raw data from GA4 can be exported free of charge to BigQuery. This option opens up immense opportunities for in-depth analytics on consumer behaviour, on both your website as well as your mobile app, and especially for the overlap of behaviour between the two.

# 4 A much more granular view of the customer funnel

One of the most interesting functionalities of GA4 is the way in which funnel analyses have been reconsidered and remade. With the current version, funnel analysis is very limited and allows for very few personalized reports. In version 4, these reports are more like those of GA 360, the paid version. This means it’s possible to tailor-make a customer journey funnel that’s a lot more specific to the realities of your business. For those who, like me, are familiar with huge licensing and implementation fees associated with platforms specializing in customer journey analytics (such as C3 Metrics), this new functionality is very generous on the part of Google Analytics. But of course, there is probably a reason behind it. It’s likely that Google’s objective in providing this gift is to evolve clients into the paid version, or even to encourage them to invest more in their advertising platforms, given the integration possibilities between the two. On the other hand, for digital marketers that are already invested in the Google Ads platform, this means you will have improved abilities in advertising messages, targeting, segmentation, personalization and customer experience.

Screenshot of the conversion funnel in GA4

One precaution to consider before going any further

GA4 is without doubt the near future of analytics at Google. Waiting for 2022 before making the transition would mean a major delay in your performance measurement. However, GA4 is not just in beta mode, with all the shortcomings that implies, but the platform was created based on a completely new model for implementation and tagging.

That means it’s important to familiarize yourself with the technical subtleties of this new paradigm before making GA4 your main analytics platform. Your first step should be to create a solid transition plan and integrate it into your analytic road map.

Start with an audit and diagnostic of your current implementation in order to create an implementation strategy for the new platform.

If you have any questions or need help with either your audit or the creation of a parallel transition strategy between the standard version of GA and GA4, please don’t hesitate to get in touch with our analytics and data science team.

Visit our special section dedicated to the Cookie Apocalypse to learn more about it

The future of ecosystems and digital platforms according to Google

sgelinas@adviso.ca (Stéphanie Gélinas) — Sat, 23 Jan 2021 00:45:00 GMT

The guest of the aperitif: Jean-Philippe Gauthier. JP has been in the Quebec digital landscape for over 20 years. He is currently Head of Platforms & Digital Marketing Transformation at Google. He also ran the Mediative advertising network, worked at Bell (Sympatico and MSN), LaPresse and Streamtheworld. Let's say he has quite a few behind the tie!

iOS 14 disrupts the Facebook Ads ecosystem

jcmauss@adviso.ca (Jean-Christophe Mauss) — Fri, 22 Jan 2021 00:00:00 GMT

It's been a few years now that browsers and regulators have been bringing increasing complexity to the collection of user data. With Chrome's planned 2023 retirement of third-party cookies announced , the countdown to the cookie apocalypse is well and truly on – and well underway.

Emerging Retail Trends

cbeaudoin@adviso.ca (Chloé Beaudoin) — Sat, 16 Jan 2021 00:08:00 GMT

During this aperitif, we welcome Carl Boutet, General Manager of the Center Québécois d’Innovation en Commerce, to discuss the outlook and trends in retail for 2021.

Philanthropy in the digital age

cbeaudoin@adviso.ca (Chloé Beaudoin) — Fri, 08 Jan 2021 00:04:00 GMT

During this aperitif, we welcome Simon St-Arnaud, executive producer of 24h Tremblant to discuss philanthropy in the digital age.

The digital growth of culture and media

cbeaudoin@adviso.ca (Chloé Beaudoin) — Thu, 07 Jan 2021 20:37:00 GMT

During this aperitif, we are fortunate to receive the Honorable Steven Guilbeault, Minister of Canadian Heritage, to discuss digital perspectives in Canadian cultural and media ecosystems.

The modernization of retail brands

cbeaudoin@adviso.ca (Chloé Beaudoin) — Tue, 24 Nov 2020 23:56:00 GMT

With a turbulent 2020 and an increasingly complex social, political and environmental context, how can a retail brand stay relevant to its consumers?