Never has web analytics been more misunderstood and treated with more suspicion in Europe than now. Legislators and members of the public could be forgiven for thinking that we analysts spend our days laying sneaky traps to steal their personal data and ram back-to-back behavioural advertising down their throats.

Data protection and privacy legislation, even what constitutes personally identifiable information, is more complex and fundamentally different to that in the US –with Germany very much at the forefront of this (see examples here). Any widespread negative business or industry wide impacts from this legislation will in no way outweigh the rights of the user.

European analysts potentially face the stark prospect of either better communicating the value of what they do to the public & their representatives or finding the tools and techniques of their profession severely constrained.

And why is this? It is because web analytics is entirely synonymous with advertising and marketing, an industry that is often viewed with suspicion (often unjustified) by those it seeks to influence. And because advertising and marketing thrive on really getting to know customers to the nth degree, European legislators start to become uneasy when they feel that a line is crossed and personal data is being collected and profiled without the participants’ knowledge. It’s a cultural thing and is seen as protecting consumers from more predatory forms of the market and influences.

But those of us in the industry know that web analytics is about so much more than marketing and advertising. Web analytics is also about website optimisation, including accessibility and user experience.

Through our guidance, we also help make web sites easier to find, easier to use, accessible to all and accessible from multiple devices. We make it possible for citizens to participate far more actively in news, community and civic events. We allow businesses to trade widely and consumers to have choice.

In this the web analytics industry is working directly in the interests of the public, by trying to make their internet experience fairer, better and more productive. To restrict this due to issues relating to advertising targeting is to do a disservice to those internet users.

It is no exaggeration to say that EU based web analysts play a role in delivering on European Commission objectives, for example by:

• Ensuring that users in multiple countries have equal access to quality, reliable information and that the public can successfully answer their questions & solve problems online
• Providing the online resources that mean citizens can travel, study, work, trade and shop across the single market
• Providing citizens with ways to participate in the governance of the EC and to hold their governments accountable for expenditure and actions
• Ensuring their own organisations’ websites meet the specific EU commitments to guaranteeing digital access to all users, including those with disabilities

As a European based Board Director of the WAA (and to be transparent here, a Google Analytics Certified Partner), I believe that to have a role in the European privacy debate, the web analytics industry needs to actively demonstrate to governments that we are in fact working for customers, not against them; for transparency, not against it. And, yes, things like the WAA Code of Ethics are a part of this.

To achieve this I believe we need to prove the value of what we do to the public – in terms that benefit them and not simply us. As I said in a recent interview – I want businesses that use my data to show me how my life improved as a result. (And sorry, but behavioural targeting ads do not constitute making my life better – being notified of a delay and easily rebooking my cancelled flight from my Blackberry does).

That means getting beyond talking of advertising and business optimisation and demonstrating what’s in it for the user. For tying the fate of web analytics too closely to online advertising and behavioural targeting is a risky one – and a path that does not, in my experience at least, reflect the working reality of many European web analysts.

It is my opinion that the vast majority of web analysts are not interested in using or collecting personally identifiable information, they are interested in assuring that their organisation’s web activity is effective and accountable – to its stakeholders, shareholder and the public/market. They are interested in understanding what is failing so they can identify how to fix it and create a win-win situation.

They may not be accountants – but they do work in accountability. With that comes a responsibility to the user.

The tools we use and the practices we follow are an extension of the European Commission’s stated goals on delivering a valuable, accessible for internet for all (see EC policy details in the postscript below).

On behalf of the WAA and its members in Europe, I would like to collect evidence that shows the industry champions the internet user and positions web analytics as an essential part of delivering on the EU’s vision of that accessible information society – not as the enemy of it.

Do you agree?

Do you have examples that can help us build an evidence base of how organisations in Europe and beyond are improving the experiences of their users through the use of web analytics? If so, please feel free to share your ideas here or email them to .

Vicky Brock
Highland Business Research

Postscript

In April 2004 the European Commission published its communication strategy¹ with one of its main objectives “to use the internet to associate the public in European decision making and to listen to the public and their concerns in order to improve the perception of the EU and its institutions and their legitimacy”. A further commitment followed in 2006² with the Commission “aiming to become a first class e-administration and improve its efficiency and transparency through the best use of Information and Communication Technologies.” In 2007 the Commission launched a new Internet strategy³ thereby further embracing the Internet culture and aiming at making full use of the recent online developments in communication for a more participatory experience for EU citizens.

Further EU Policies on web accessibility also must be considered by organisations – and by implications their web analysts: In November 2009 the Council authorised the conclusion of the United Nations Convention on the Rights of Persons with Disabilities on behalf of the Union (UNCRPD). The Convention identifies accessibility as one of its general principles and states that States Parties shall take appropriate measures to promote access for persons with disabilities to new information and communications technologies and systems, including the Internet. In 2008 the Commission adopted the Communication “Towards an Accessible Information Society” reinforcing the European Commission’s commitment to web accessibility and calling upon all stakeholders to step up their efforts in this area. In the 2006 Riga Ministerial Declaration on “ICT for an inclusive society”, agreed that all public web sites should be accessible by 2010.⁴

1. Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on implementing the information and communication strategy for the European Union

2. e-Commission 2006-2010: enabling efficiency and transparency [PDF]

3. Communicating about Europe via the Internet – Engaging the citizens [PDF]

4. Source: EU Accessibility Policy

Comments

[Matthias Bettag]

Thank you Vicky! I'd like to add two thoughts on this very important discussion you started.

First about the understanding why online privacy issues are restricted in Europe in a way that (at least at first glance from a WA perspective) it seems impracticable or even hindering: The mentioned objectives from the European Community (EC) regarding the use of the internet -see bullet list in Vickys post- are derived from a very democratic principle, similar to the installation of public (=non private) TV and radio in many European countries decades ago, in order to serve as an independent source of information for everyone. But now it includes participation.

Regardless if and how this "general mission" affects the daily life of a WA, the EC sees the prior reason of the internet as a source of information and participation necessarily accessible for everyone. Online business is explicitly mentioned the 2nd EC objective, so it is definitely wanted and needed.
What is not necessarily protected is online advertising as a kind of a meta-business for "travel, study, work, trade and shop" (and more). This does affect Webanalytics.

This leads me to my second point. I really think that it makes sense to differentiate between "website WA" (not a good term, really) and on the other hand the "ad-networks WA" (neither a good term, please suggest better), which by nature needs 3rd party cookies, cross-site targeting etc, and which IMHO is the the main reason of mistrust against WA as a whole. A user cannot understand it, neither has options yet to control it. It is simply scary for many people. (and of course, wherever an ad is displayed, it links to a specific website and by this closes the loop to "website WA")

But I believe we need to differentiate these two basic types of WA. If we put targeting etc. and website optimization in the same basket we would just continue to feed the current mistrust. But if being transparent here, a user can control its tracking based on what has a benefit. Fair enough.

[Brian Clifton]

Nice article Vicky

I agree on your emphasises here of PII being misplaced. The data protection laws in developed countries already cover this area well - see my recent article The FTC Privacy report “Do Not Track” – a missed opportunity:
http://www.Advanced-Web-Metrics.com/blog/2011/02/10/ftc-privacy-report

However, one point stands out in your piece which I cannot help but disagree with, so I hope you don't mind my comment on this:

"[WA practitioners need to get] beyond talking of advertising and business optimisation and demonstrating what’s in it for the user ".

The issue is, that for a good 10 years the WA industry was trapped within IT departments - stifling as a perceived "rocket science" that quite frankly, once installed, few people had any interest in exploring.

Thankfully, as an industry have now dragged WA into the marketing side of the business - where I feel it belongs*. As a result we have seen an explosion in web analytics usage in recent years. We have gone from a user-base of tens of thousands to millions now... and its been fantastic to be a part of that.

Unfortunately, organisations requiring professional WA help don't have a User Experience Department (I wish they did). To get a budget, we as either employees or consultants have to cosy up to the Marketing dept., or the IT dept. Most prefer being answerable to Marketing - hence why there is so much emphasis on this side of our business. They are our paymasters...

Best regards, Brian
Author, Advanced Web Metrics with Google Analytics
Former Head of Web Analytics, Google EMEA

*Related post:
Integrating web analytics with marketing (not IT) is the future
http://www.advanced-web-metrics.com/blog/2010/06/21/integrating-web-analytics-with-marketing-not-it-is-the-future/)

[Geddy van Elburg]

Thank you Vicky ( and Matthias).

Although privacy legislation in Europe is different in various European countries, due to cultural and historical differences, within the European Union the Commission the EU is setting new regulations.

I agree with Matthias and Vicky, that if we as web analysts don’t communicate the differences of “ website WA” and “advertising WA” we will continue the mistrust of the public and therefore also the mistrust of politicians making the rules.

The last few years a major public debate on privacy was held. I think it is very important to be an active party in this debate as web analysts. Just as Vicky stated to show web analysis is not solely about advertising and marketing. It is a way also to have access to journalists who often feed the fear of the public with articles based on incomplete or incorrect information.
It is necessary that besides the voice of privacy action groups, also the voice of web analysts is heard in the debate. We have to take a part in the discussion.
This is the only way to prevent decisions being made on incorrect information or information which does not cover all the aspects.
I think it is necessary to create a EU group within the WAA to participate in this EU debate. The privacy lobby groups already are strongly represented. We have to show that just banning cookies etc. is not helpful at all.

I also agree that the code of ethics is also helping against the mistrust, but only if we have a strong organization to promote this code of ethics and the majority of the web analysts supports this.

[Vicky Brock]

Thanks for your comments and Geddy, I will follow up with you on an EU specific aspect to privacy within the WAA.

Brian, I do agree that when viewed from the inside, web analytics must of course focus on its contribution to the business bottom line. But in an EC context, the business needs are secondary to those of the user.

It is literally perfectly OK to damage business in the name of user privacy in the context of this legislation, because business is not a stakeholder group of concern. That is why we find ourselves in this crazy cookie mess, for example.

So I the point I am trying to make is that arguments about damaging business won't wash to the EU legislators, because the objections of advertisers and marketers are taken as a given.

I think we need to show this intervention will damage the group it is supposed to protect - namely the user.

But data is in short supply....