While watching TV in my hotel room on a recent trip to Melbourne, I was quite taken with Apple’s new privacy-focused ad. You may have seen it – the one with winged surveillance cameras that fly around like crows, menacing the population.

While cleverly put together, what was most intriguing was that one of the world’s largest companies was now positioning itself at the vanguard of consumer privacy. It signals something of a shift in mindset at both the corporate and the personal level. 

This month, the bills to amend the Privacy Act 1988 are expected to be tabled by parliament. This move to reform the existing legislation is a significant step forward for consumers. It’s more than just a legal adjustment, but a cultural change that will reshape businesses’ approach to digital marketing. 

Growing consumer savviness regarding how their data is used means marketers have to rethink and pivot their strategies. And that’s not a bad thing. I strongly believe the coming changes represent an opportunity for Australia to lead the world in best practices in digital marketing. How? Let’s first dive into the key changes in the privacy law reform that will impact how we operate. 

Consent as the new frontier

The first major change is around consent. For marketers, collecting data, traditionally, was a relatively straightforward process. People would just need to click ‘agree’ and move on. However, with the upcoming changes, explicit and unambiguous consent will become the new norm.

With consumers becoming more educated on privacy matters, and businesses required to ask people to ‘opt in’, there’s a growing reluctance to share personal information. This isn’t just about ticking a box anymore but about creating a clear and concise consent mechanism that leaves no room for ambiguity. 

But are marketers truly prepared for the changes ahead? How many businesses are currently using a Consent Management Platform? With a shrinking pool of consumers willing to give their consent, will the percentage of those who do be enough to sustain impactful marketing campaigns? 

Now is the time for marketers to look closely at their systems and ensure they have the right tools to collect and manage consent effectively under these new regulations.

Data handling: Back to school

Data handling and transparency is the second challenge our industry will increasingly be contending with. The new regulations will, in all likelihood, stipulate that organisations, regardless of size, train their entire workforce on the proper handling of consumer data. It’s not just the responsibility of the IT department or marketing – every employee will need to understand the risks and responsibilities associated with data privacy.

Imagine if one untrained employee accidentally shares data with the wrong party or fails to dispose of it securely. Under new regulations, that single mistake could lead to large financial penalties and a hit to reputation, not just a slap on the wrist. 

Hence, the need for comprehensive training and clear data handling policies will be paramount. For Australian businesses, this means investing considerable resources into upskilling their teams. The cost will be substantial but the risk of not doing so could be catastrophic. 

Next steps for Aussie marketers

A question I am often asked is: how do we now navigate the new landscape where consumers are less willing to share their personal data, and regulations around handling it are tightening? 

As they say with regards to health – prevention is better than cure. The key is to start early and test early. We must be proactive, not reactive, to these changes. This means exploring alternative strategies for targeting and engagement. 

For marketers, gaining more insights on contextual advertising is one way to mitigate the changes. Unlike traditional cookie-based advertising, contextual advertising doesn’t rely on personal data. Instead, it leverages the context of the content being consumed to deliver relevant ads.

Contextual advertising today is considerably more sophisticated than the basic keyword targeting of years past. Platforms now incorporate a wide range of data points to deliver highly targeted ads – and they do so in a way that respects the consumer’s right to privacy. 

There is also no need to wait for the reforms to take effect before you start experimenting. Begin testing new approaches now, so that by the time these changes come into full force, you’ll have a well-oiled strategy ready to go. The savviest businesses are already creating campaigns for tomorrow’s consumer mindset and will be poised for success because of it.

A new era of opportunity for Australia

Australia’s digital marketing has always been particularly innovative, and the upcoming privacy law reform is our chance to prove it. Rather than seeing these changes as a threat, marketers should view them as an opportunity – a chance to set a new standard in digital marketing.

By embracing these reforms and leading with best practices, we can not only protect consumer privacy but also build stronger, more trusting relationships with our audiences and set new standards for the globe to follow. 

Niall Hogan is the GM for JAPAC at GumGum, a contextual-first, global digital advertising platform that captures people’s attention, without the use of personal data. Hogan leads a team of more than 100, spearheading sales, customer success and operational delivery of GumGum’s media advertising business across Japan, Australia, New Zealand, Singapore and emerging JAPAC markets.