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When E-Discovery breaches data protection


Under English or American law (or any other common law system), you or your company may be ordered by a court to identify and disclose not just physical documents but also electronically stored information (ESI) as part of a litigation process. This could apply to you even if you are not a party to the court proceedings.

Location of the ESI

Data is often stored or replicated in an external hosting centre or within a software application – particularly in relation to SaaS software, or in a corporate data centre. If numerous data centres are used they are usually in different physical locations which could be in various countries. The court order to disclose data may well conflict with compliance and privacy requirements in relation to data in the countries in which the data is actually held. However for the purposes of complying with a court order the actual location of the data and the local rules applying to the storage of the data cannot be used as a reason to refuse disclosure.

For example in AccessData Corporation v ALSTE Technologies GmbH a US court ordered a German company to disclose emails stored in Germany as part of the disclosure process in a court case, although the company argued that this breached the German Data Protection Act.

Compliance Issues

In order to protect yourself against the above scenario, you should include clauses in your terms and conditions that permit you to comply with requests for disclosure of both physical and electronic information in relation to court orders. If you hold data on behalf of customers, you should also try to exclude liability for a technical or any other type of failure to properly comply with a disclosure request that they forward to you.


A Combined Approach To Search & Conversion Optimisation

Too often the components which make up internet marketing are treated as individual silos, even when there are direct links between them. When the digital marketing mix is in synergy, all the elements can sit in the pockets of each other and provide incremental increases in sales numbers and most importantly, the bottom line.

This goes for the day to day interaction between operational team members in each field – only by discussing the digital marketing strategy as a whole, from as basic a principle as knowing what each other are doing and when, can the benefits be reaped. Identifying the key areas which lend a hand can lead to finding secret sauce which results in the optimal ROI.Pulling in the same direction

What I want to discuss in this article is the tight relationship between organic search and conversion optimisation. To illustrate this, let’s do a little dissection of the goals of SEO and CRO:

SEO: gain well placed rankings by proving to Google (or other engines) that a site or page is highly relevant to the user’s search query.

CRO: increase the ratio of visitors converted into customers by providing an experience which fulfils their intent to buy/sign-up etc.

(Note: For the purpose of this article the above are simplified, individual goals which make up part of SEO or CRO strategies)


Despite the difference in who is the judge of success in these cases (robots vs. humans, in a non-Terminator way), the key aim of both is to provide a relevant user experience which a) makes it easy to find what they want to purchase and b) makes it an easy decision and process to purchase the item.

From a conversion optimisation perspective, I find that often there are a number of common areas within SEO strategies for which a sharing of knowledge is mutually beneficial:

Informing Keyword Strategy

It is essential when reviewing a site’s conversion metrics that entrance source is taken into account, and is factored into the strategy for improvement. Specifically, by deriving (as you may guess, my favourite SEM word) intent from the the search queries that are driving visitors to pages we can gain vital insight into what messages are (or as importantly, are not) working for these user groups. To give a simple example, if most visitors are coming through ‘value’ focussed keywords, then we should make sure the space is used wisely by tailoring calls-to-action and copy to fulfil this intent.

The result of this is that we build up picture of performance metrics for a number of keyword categories. Plugging this into the SEO strategy provides great deal of insight about the profitability of potential keyword targets, allowing informed decisions to be made about which directions to take and what the required course of action is to meet any given targets.

Converting From The SERPs

In a CRO strategy, we need to look at the whole user journey, from the first query to the completion of a purchase and beyond.  It’s important to remember that, if you have a good level of organic search visibility, then it’s likely that your first interaction will be with your meta description. This is the chance to give your elevator pitch – in less than 155 characters you need to appeal to the intent (told you!) of the user type that will be provided a relevant, useful experience by your site/service. By focussing on finding these potential customers, all the onsite CRO work will prove even more beneficial by having a tailored audience. Only by working hand in hand with the SEO team can the meta description be tailored in such a way, whilst still ensuring it is highly optimised from an organic search perspective.

Profitable Pages

When investigating conversion performance, another key area to look at is which pages are getting the most organic traffic, and how efficient they are as landing pages at converting visitors into customers. If you can find pages which have a) high conversion rate for the traffic coming through them and b) a realistic potential for increasing traffic by optimising for the keywords driving visits, then the SEO strategy should be tailored accordingly. Even if it is a highly competitive area, the foundations provided by positive metrics on both sides of the coin should ensure that even slow progress will provide worthwhile uplifts in revenue.

The Negative Impact Of  Working in Silos

Results of poor teamwork

Needless to say, there are a huge number of ways in which different channels can support each other, the above only serving as an illustrative example of the myriad of ways and means. When there is a common goal between parties, sharing information can always serve to improve the results for all, so it’s vitally important that silos aren’t created which could lead to conflict or cannibalisation of efforts – e.g. when bidding there is a PPC bidding on keywords with an organic presence, duplicating the sales message would be cannibalistic, but taking the opportunity to give exposure to an alternative set of USPs increases the opportunity to appeal to a broader range of potential customers.

Are these your top 10 biggest website mistakes?

Following on from my last post about building websites to take account of Social Media, I thought, seeing as I spend most of my life reviewing sites that I’d share some of the most common errors I see – these are not in any order and the list is not definitive, but hopefully they may strike a chord!

1) What’s it all about then?

If I see another website where I struggle to understand why on earth it was built in the first place, who it’s for, what it’s supposed to do or what I’m supposed to do on it, then, I will …… have seen an awful lot that fall in to this category. Websites need a purpose!

2) Build it and they will come?!

The key to a successful website is understanding your audience and building a site that offers value to them. Without knowing that, you’re on a hiding to nothing!

3) Accessibility isn’t for me Logo for Positive about Disabled People

There are laws and there are standards – make sure you follow them. Visually impaired and people with other disabilities use the web too you know!

4) Well I know where everything is!

Any usability study will tell you that when people are lost, they leave. Clear, logical navigation and tools to improve (such as breadcrumbs) are key.

5) Looks good in my designer’s office!

It looked great when you saw it on a 25″ widescreen monitor, on a safari browser. Now that you’re looking at it on a 17″ monitor using Internet Explorer 6 – it’s not so great! Ensure that you build for the widest possible audience.

6) They’ll get in touch if they really want to

Image of button saying Talk to UsYou build a site, you attract traffic through Search Engines and other mechanisms and then you leave site visitors to their own devices when it comes to what you want them to do – be clear, be bold. Make specific to the page the visitor is on.

7) Website – done. Now back to the day job.

You have a site which is invisible to the outside world – don’t get me wrong, there are occasions when you don’t want any profile, but most clients build a site to attract business, yet the site has either been built so the Search Engines avoid it like the plague, or there are no links in to it……

8) Build for now, we’ll think about tomorrow, tomorrow!

Think of your site as an apartment block. If you can consider what you’d like the block to look like over a 3-5 year period and then build the site – even if it’s the first storey, then at least you’ve got the architecture to allow you to continue to built. The amount of multi-storey bungalows I see!

9) My developer knows what I want

“I thought the guy knew what he was doing and gave him £1500 and my logo and he built me a site – now I find it has no search engine profile and I can’t update it myself”. True story and oh, so common. Always specify your requirements before starting.

10) We’ll get an enquiry one of these days……Image of magnifying glass over graph

Everyone says that Google Analytics is wonderful – question whether they use it and that’s a different matter. It’s as if by the very fact that Analytics is plugged in that the site will heal itself! Analytics are great, learn how to read them (Google’s Conversion University is great) and make decisions based on the information . Two words of warning – make sure that you filter yourself/ your developer out from the data and make sure that you treat the data with a certain amount of common sense – after all they only tell you what people did – not what they wanted to do!

Public Sector Websites Failure to Comply with new Cookie Rules

The Society for Local Authority IT Managers (Socitm), an independent organisation funded through the membership of local government IT workers, recently carried out an audit of UK public sector websites. Using automated search technology it audited over 600 public sector websites and discovered that only 6 complied with the obligation to obtain informed consent to the use of cookies.

Image of Cookie with bite taken out of it

Legal Implications

By May 2012, the UK Information Commissioner’s Office (ICO) expects businesses and organisations to:

  • provide clear information about the way in which cookies are operating on websites; and
  • have a method for obtaining consent to the use of cookies. 

 

A failure to comply with the above runs the risk of a fine of up to 500,000 GBP.

In addition the European Commission has set a deadline of June 2012 for European companies to create a uniform way for users to opt-out of accepting cookies. If companies do not standardise their opt-outs, it has warned that action will be taken.

Compliance

The ICO has published guidelines on its website. Nevertheless, in each individual case the specific action required and the information to be given to users will depend upon the precise purpose of the cookie(s). For example using browser settings to obtain consent may be acceptable and the Government is currently working with Adobe, Apple, Google, Microsoft, Mozilla and Yahoo to create such a technological solution. However, it is not clear whether or not this will suffice to meet European data protections requirements.

It is also unclear whether companies based outside of the UK e.g. in the USA have to comply with the new rules, particularly if they have a website aimed at UK users.

PREMIUM MEDIA: Content Matters When You Want to Market Effectively

Aristotle knew a thing or two about quality. He even wrote a catchy maxim about it: “Quality is not an act, it is a habit.” Indeed, it is a habit which online marketers would be wise to pick up if they’re going to stand a chance of making an impact on their target audience. Today’s consumer expects premium media, so let’s take a look at a few ways to ensure that you’re on the right track to providing content that soars above the rest of the pack.

THE POWER OF STORYTELLING
He has 138,469 followers on Twitter … and he’s a completely fictional character:  the Old Spice Guy. Why would any human with an inkling of sanity desire to get constant updates from a person who doesn’t really exist? Old Spice managed to create an emotional attachment through the consumer’s funnybone, then created rich online content to further the storyline.  

We want to know what the Old Spice Guy is going to say next, or even better, what he thinks about us (“Clearly you are a man of great smell, Jeremy,” he recently informed a lucky deodorant user). Old Spice figured out they had stumbled across a good thing, and has therefore devoted every element of online content to furthering the mythos they so hilariously brought to life.

MAKE IT SHARABLE
These days, most of us are marketed to by the people whose opinion we value most: our friends.  Social networks like Facebook have given enormous potential to any online content you create, provided it’s something that others will want to share. A glance at Nike’s Facebook page reveals that they’ve made it their mission to provide premium sharable content to their followers, which has in turn led to millions of views from consumers who would not have otherwise taken the time to visit a Nike website.

TIME IS OF THE ESSENCE
Most Americans aren’t tuning into C-SPAN on a regular basis because most members of Congress lack the fundamental quality necessary to hold the average audience’s attention: brevity. Whatever media you’re providing, make sure you’re able to communicate it as swiftly as possible, as other options are always just a mouse-click away.

FINAL THOUGHTS
By focusing on succinct, sharable content that tells a compelling story, an online marketing campaign can distinguish itself from the competition and set itself up for a deeply rewarding relationship with its intended audience.

Hot Internet Skills – What an interesting picture!

If you are professional in the Online/Internet, Digital space you should be pretty pleased with your choice of career at the moment. Even if your current job or contract is not exactly to your liking you (according to the graphics below) are in a sector that is growing at great pace …even through all our current economic woes.

Using the indeed.com trending tool and reporting on 8 different job titles (5 in Online marketing / Web Dev and 3 non related) I have produced 8 graphs that pretty much speak for themselves. 

The charts show number of positions identified by indeed.com with the phrase in the job title against the total jobs they market at that time (i.e. a relative %) ….  Look what the market and the economy has done to our poor accountants …. although (thankfully) nurse recruitment has maintained a better level.  Demand for Sales Managers has fluctuated ….a bit like their sales projections.

Just look however at the relentless demand for the new skills – the hot kids on the block.

[PS you can always check out job vacancies at USA and UK]

 

 

 

 

An open book? …Facebook Changes Privacy Settings (again!)

Our facial expressions often portray more to those around us than we would like – but what about our Facebook profiles?

“Privacy” (or rather making sure you know “who can see what” on your Facebook account) is an important topic, so when we started building our video guides for businesses I made sure it included a “how-to” video.

We explained how to get to the privacy settings (pictured) and then how to review and amend the level of visibility to one you are comfortable with.

Image of Facebook's old privacy settings

  

Change to be more Visual and Straightforward

At the end of August, Facebook released changes in how users share information and in particular the privacy controls, “to make this more visual and straightforward”. I had liked the “one page” with links leading off and the list layout of some of the settings….so I was initially disappointed at this news.

I’ve now had some time to work through the settings and updated our video and script showing how you can use privacy settings to help keep your work and home life separate on Facebook:

  1. Facebook haven’t reset my existing privacy settings
  2. Although some settings have been replaced and the mobile Places feature “is going away”, I have also gained functionality
  3. …but I do have a concern about the inline settings leading users to believe that this is all they need to check.

Inline Controls

The key change is in the positioning of certain privacy controls. Previously you went to the Privacy Settings, accessed each of the sections and edited the settings. A number of the controls are now available from your wall and profile page. Facebook has provided a series of pages showing overviews and the details of what has been changed. My top three include:

  • Inline audience controls – As well as being able to choose the audience for specific posts, I can amend the visibility of posts once they’re posted
  • Tag expansion – includes posts as well as photos and videos, tag locations without using a mobile and checking in 
  • Tag controls – tag approval allowing to you review the tags before they are shown 

Misleading simplicity

Image of Facebook status updateUsers need to realise that privacy is not just about inline audience selector when posting on their wall.

They should use the “View As” functionality (moved from the Privacy to the Profile page) to see what information is visible to the world and take some time in the Privacy Settings page to set up defaults and review the settings available.

In the past 12 months, more than half  the people I talked with about Facebook had not looked at the privacy settings page, some hadn’t even realised it existed!

Changing user behaviour doesn’t happen overnight but privacy is very important to us all….unfortunately for many that realization only comes when something goes wrong.

Keep yourself and those around you safe – remember your face(book) might give more away than you would like!