3 Questions for Eloqua's Dennis Dayman

This week at our European Email Marketing Conference in London, we caught up with Eloqua’s Chief Privacy Officer, Dennis Dayman.

Read on for his predictions for 2011 as well as some information on Canada’s new anti-spam law, C-28.

1) What are some of your top takeaways from this week’s conference?

This year’s European Email Marketing Conference (EEMC) was a great success! Marketing and email professionals from all over the world came together to discuss issues and challenges they face.

For myself and others, one of the known mountains we have to climb in the European Union (EU) is required permission for marketing. Marketing itself is the same throughout the globe, but in the EU, collection, processing and transferring of marketing information can be much more "difficult" at times due the privacy requirements that surround it. This means to many here that new things like social media sharing have to have a new and different way of thinking when the uses are for marketing purposes. 

Many companies like Eloqua are global in nature and when launching marketing programs across their brands and customers, they have much more to think about than just hitting the "send" button; for example, explicit opt-in.

This week’s conference really helped expose these known – and sometimes complicated – matters for global companies and how to solve them.  Lots of stories and examples were shared freely at the event, allowing others to get an idea of how to properly run a campaign no matter where you do business.

Thanks to all the participants for being so helpful to each other and participating at such a personal level. I am certainly looking forward to the Email Evolution Conference in Miami!

2) What are your predictions for compliance and privacy changes in 2011?

There are some major changes coming to the world of marketing in 2011.  Today, most of the world has some sort of privacy data protection in place, but many of the laws are being updated to keep up with changes in the industry and ways in which data is used. 

Here are some items to keep on your radar:

  • In the EU, starting in May 2011, dropping and accessing a tracking mechanism like a cookie will become illegal without explicit permission to do such.
  • US legislators might attempt another go at federal privacy legislation in 2011 which would require an opt-in to collect and process data.
  • By the end of this year, Canada is looking at putting into place an anti-spam law that will make the sending of "spam" illegal and prosecutable.

Over the next few years marketers can expect to see more privacy requirements imposed on marketing processes.  Much of this is due to the sheer volume of information being kept on individuals and this isn’t something that shouldn’t be feared as most of today’s marketing best practices already ask you to obtain permission to collect and use data on individuals.

As these issues come up, be assured that we in the industry along with the eec/DMA will look out for your best interest.

3) Can you please provide an update on the recent anti-spam legislation in Canada?

As a quick recap, anyone sending commercial email from Canada or to someone in Canada will be subject to C-28 (formerly known as Fighting Internet and Wireless Spam Act – FISA). FISA requires marketers to get permission, either implied or expressed, before sending commercial email to Canadians.

While at EEMC this week, there was some good news that came from Canada.  Canadian anti-spam bill C-28 passed through House of Commons Industry, Science and Technology committee in 48 minutes (WOW!).  One objection was made to the short title (FISA) and it was removed from the bill. The bill now goes back to the house for a 3rd and final reading and a vote which means Canada might have anti-spam legislation by end of the year.

For more information about what is coming in the law, visit:
https://www.theemailguide.com/email-marketing/canadas-new-law-restricts-“spam-haven" and

– Dennis Dayman
Chief Privacy Officer