At the Promotions360 conference, organized by Evensys and supported by Nestor Nestor Diculescu Kingston Petersen (NNDKP), Roxana Ionescu spoke about the use of data bases in promotions. NNDKP's Partner reviewed the methods that can be used to prevent the risks to which companies are exposed when collecting and using personal data, so that those data bases become a real support tool for the marketing activities.
Promotions360 is an event dedicated to marketing, FMCG and retail professionals and is intended to open multiple learning and networking opportunities, while approaching topics such as innovation in retail, the Romanian consumer’s behavior, efficient strategies and tactics for online and in-store promotions, concepts and techniques used to attract and increase consumer loyalty.
In this context, Roxana Ionescu, head of NNDKP's Data Protection practice, discussed the creation and processing of data bases, emphasizing aspects such as the risks to which companies are exposed when data bases are not correctly established, ranging from contraventional fines to the deletion of the data bases as well as operational and reputational risks. In addition, Roxana pointed out the steps for creating a compliant data base that can be easily used in the future, which range from informing and obtaining the consent of the data subjects to the rules related to the disclosure of data to third parties and the use of cookies. During the presentation, the participants also discussed the discrepancies that appear in practice between the legal requirements and the way they are interpreted at local and European level, including from the perspective of the new regulation which is pending approval and will govern the actions taken in the area of data protection in the future, as well as the sanctioning certain breaches in this area with fines of up to € 1,000,000.
"When it comes to marketing activities, irrespective of their nature, the use of data bases can be either a risk or a "tool" which allows a company to efficiently send commercial messages to the consumers. There are many cases, both at local and international level, where large companies active in the FMCG and telecom sectors, were sanctioned for non-compliance with the data protection provisions, because they did not prevent such risks associated with the creation and use of data bases. The risks could have been avoided if the role of the data bases had been established from the very beginning in the marketing activities and the legal requirements in the field had been implemented correctly so that the data base became that becomes a profit driver and not a permanent source of risk in the marketing activities", Roxana Ionescu explained.
The Promotions360 conference was first organized four years ago by Evensys, one of the most significant players on the Romanian event organization market and became the most important local conference dedicated to promotions and to the role they play in the relation between the brand and the consumer.
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About NNDKP's Data Protection practice:
NNDKP's Data Protection team comprises 5 lawyers and has provided assistance to clients in the areas of IT and telecom, pharmaceuticals, agriculture, motor vehicles, FMCG, energy, in connection with aspects concerning personal data protection, such as:
• sales and marketing projects, including direct marketing projects, marketing via social networks, marketing initiatives using data bases created by third parties, call center services;
• implementation of on-line interaction platforms within certain companies or creation of certain pages on social networks;
• internal audit concerning compliance with the requirements deriving from the data protection legislation and assistance in the implementation of the measures for rectifying the cases of non-compliance identified during the audit;
• acquisition, use and transfer (including abroad) of data bases containing personal data;
• implementation of certain plans for offering shares and other similar benefits to the companies’ employees;
• carrying out clinical investigation programs and other projects in the medical area which entail the processing of special data;
• implementing certain video surveillance systems for different purposes.
During the first half of this year, NNDKP provided assistance in over 70 projects related to data protection matters.
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For more information please contact:
Irina Melecciu | Director of Marketing and Communication
Nestor Nestor Diculescu Kingston Petersen
Attorneys & Counselors | Intellectual Property Counseling| Tax Advisory Services
Tel: (40-21) 20 11 200 | Fax: (40-21) 20 11 210 | Mob: (40-72) 86 66 232
irina.melecciu@nndkp.ro | www.nndkp.ro | www.facebook.com/nndkp
