Make the right to object part of the user experience by designing it as a meaningful choice. The choice to agree to data being used for offers, and/or to agree to data being used by third parties for direct marketing must be clear and given freely. If a person chooses no data sharing this should not prevent them from using the service, which should be made clear.
Implications of this moment
Experience layer
Meaningful choices to allow a user to set preferences for data use within advertising. From our research we believe that this control should be at a point where the user is entering into a relationship with an organisation and can meaningfully decide what types of advertising and data sharing they want. The use of a limited number of choices makes the moment relatively low friction, while still giving people a choice between no data sharing and maximal data sharing.
Considerations
Technology and data layer
This moment needs to control how data is stored, used and shared so that the promises made to users when they select an option are kept.
The design should ensure that control mechanisms can be audited and verified by regulators and other third parties.
These control mechanisms will include things like contracts and audits of third party data sharing processes, information governance and marketing processes, and technical controls over access and sharing of personal data.
Considerations
Policy layer
The design for this moment combines people’s legal right to object to the use of personal data for direct marketing with their ability to genuinely consent to data sharing for specific purposes. This combination allows people to use their right while also giving them more granular control over how data is used and what type of adverts they receive.
Data protection regulators are increasingly recognising that design practices affect whether people can meaningful use their rights and can freely make the decisions that they want to. The design of this moment should ensure that any consent is genuine and effective and that there is evidence to demonstrate this to regulators.
In some countries marketing and advertising legislation is being extended to includes restrictions on the age at which people can be served certain kinds of adverts, for example gambling sites. This may affect the choices users are given about the categories of adverts they receive.
Considerations
Organisation layer
The introduction of this moment needs a comprehensive organisational effort, and the involvement of multiple departments and stakeholders. Besides this, it requires an higher degree of organisational awareness around ethics, user-centricity, transparency, and collaboration.
To truly measure the success of this Moment - an organisation need to be able to implement potentially new measure of success, that help them evaluate how this Moment influences their long term relationship with users.
