Effects of KVKK on Adtech and Martech

Privacy of personal data has become an important issue for everyone. Our personal data, which is one of the most problematic areas, is legally guaranteed by the law on the protection of personal data. With the development of the Internet, the privacy of personal data has become more and more prominent. In this article, we will describe the impact of kvkk on marketing and the effect on advertising.

How did the law on the protection of personal data affect marketing (martech) technologies?

First, let's explain what martech is. Martech is there to build the relationship between advertisers and customers. Today, many companies use this technology layout. Martech is a system of tools that enable marketers to create, publish and market online campaigns. These marketing tools include email marketing, social media management, user feedback surveys.

Let's continue with an example. Now imagine that you are remarketing. Let's divide the clients of our company into certain groups. Let these groups be the areas in which they circulate the most on our website with the products they are interested in. With the cookies that we obtain when they leave our website and enter a different website, we begin to show them ads related to the area they are interested in.

We used to have no knowledge of such a thing as kvkk when doing these operations. Now we don't have the luxury of not working in accordance with kvkk. With cookies stored on computers, we have to provide information about where we will use the data we obtain. Customers are also required to approve the data obtained from the website using consent management platforms.

The consent of the data to be used in marketing technologies must be obtained, even if the customers do not have their credentials. The data collected on each website visit you make from your personal devices is your privacy. As such, website owners also have to obtain consent from their customers in order to protect this privacy and on behalf of their legal obligations contained in kvkk.

The easiest way to get this consent is to use the consent management platform.

The impact of KVKK on marketing has been quite large. The process that started with kvkk is a new way for many marketing firms. With the problems experienced during the permit stages, most of the companies lost a large percentage of customers. According to research conducted, the number of customers who allow the use of cookies is 3% in Turkey. That is, only 3% of the company's customers allow the use of certain cookies. Although this situation has been a considerable loss for marketers and the industry, it is positively received from the point of view of the consumer. The reason is that messages from unsolicited companies do not come anymore.

Mobile and email marketing

During the periods when we obtained customers' data as we wanted, and in the absence of kvkk, companies carried out their marketing by sending sms or emails to their customers as they wished. In the post-KKK period, this is impossible. First of all, it is necessary to obtain the consent of the client. According to KVKK, once the data has been processed, it becomes available for marketing purposes. The law on the protection of personal data considers it appropriate to share any information openly with the customer. In addition, nowadays mobile marketing and email marketing can disappear after a certain time depending on the customer's preference. That is, when a customer cancels their cookie consent preference, no mobile marketing or email marketing can be done to that customer for sure.

The law on the protection of personal data, together with the privacy of private life, has a specific purpose to protect fundamental rights and freedoms. For this reason, marketing managers who deal with personal data are subject to serious discipline and rules regarding the management of personal data. When these rules emerged, it was sought to strike a balance between data interest and need, not to hinder the activity of data processing. Regardless, the use of personal data in commerce is of great importance on behalf of the sectors.

What must be done in this case is to submit the data to obtain the approval of the customer, to demonstrate that there has been no abuse in any way and to build trust in the brand. A transparent, law-abiding functioning must be ensured with a consent management platform based on the consent of the individual. When aiming at the protection of personal data, it is very important to establish the continuity of applications that facilitate the operation and that business activities are not disrupted.

How did the law on the protection of personal data affect advertising (adtech) technologies?

The word “adtech”, which is an abbreviation of advertising technologies, consists of different types of analysis and advertising tools. Advertising technologies are related to individuals and target audiences, revolving around systems created to deliver ads to them. Advertising technologies generally include banner ads and other delivery methods. At the heart of AdTech are ads, campaigns, data, and metrics. Most digital advertising campaigns are created by digital marketing platforms with intelligent engines.

If we evaluate the impact of KVKK on advertising, as in many areas, operations are restricted in the field of advertising. Competition and evolving technology arising from the processing of personal data are an important issue in the commercial sphere.

Today, almost all businesses use advertising to promote their goods and services. Most of these businesses have stored personal data belonging to the customer as a result of previous transactions with their customers. The use of this stored data for advertising purposes constitutes “processing of personal data”. In such a situation, kvkk legal obligations arise.

All data not processed within the scope of the obligations existing in KVKK are unlawful and have various penalties. It is stated in the law that it is not necessary to obtain consent from the user, but to obtain explicit consent, and criminal proceedings will be applied to websites that do not receive consent. The definition of explicit consent in the KVKK is as follows: consent must be related to a specific subject, based on information, and the person must freely disclose his consent.

With the incoming regulations, it is clear that the control is in the users. Alerts for cookies that are taken to measure users' movements are not taken into account by the user after a while, and new alerts appear.

In such cases, it is either necessary to obtain full approval at the very beginning with noticeable warnings, or methods that do not require user data must appear. Natural advertising is one of the best examples of this. Natural advertising creates both brand perception and is successful in gaining the trust of the consumer. Since kvkk came into existence, natural ads have become popular.

More data is taken from consumers to advertise than is required by marketing about the product. Companies need to abandon these habits as soon as possible. As such habits continue, the effect of kvkk on advertising will grow.

Knowledge of who will be the customers to be advertised, when to advertise and what to show is quite enough to create an advertisement. The fact that there are more of these in the generated forms of consent undermines both the trust of the consumer and the functioning of the advertiser.

Do not consider KVKK as the dreaded dream of advertising!

Advertising based on the consent of customers increases the possibility of marketing to the target audience. For companies with process changes, consensual advertising comes to the fore in identifying people who trust the brand.

In addition to all that we have said, kvkk does not actually prohibit us from using customer data. It only creates a way for it to be used reliably and for individuals not to suffer victimization. It is a fact that the use of data on this path leads to healthier and higher quality customer loyalty.

That's why you should see the created laws as an opportunity, create privacy policies in a way that users understand, and determine how to use them more effectively. You must specify the purpose and form of use of the data you have, find out in which areas improvements need to be made, and strengthen your relationship with your customers.

If you also need a website consent management platform suitable for kvkk, contact us! [email protected]

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