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26 November 20184 minute read

Will 3D body scanning change the future of online shopping?

Exploring new technologies for managing and improving consumers’ experiences and satisfaction is important intoday’s competitive retail environment. One of those new technologies is 3D body scanning, which has alreadybeen adopted by several big players in the fashion apparel industry. Not surprisingly, there are various legalimplications retailers should be aware of before implementing this new technology into business models.

3D body scanning is a noncontact technology that captures the shape of a human body using a line of laser lightsor a camera. The scanner generates the model by digitizing the surface of the individual, and the model is thenstored and processed by computer programs for different applications.

3D body scanning technology has the potential to provide new levels of personalized customer service in storesand online. It could also contribute to a better understanding of human body measurement, size, shape and bodycategorization and could lead to better clothing fits being offered by companies in general.

Sizing problems are the main reason for returns and an enormous cost to fashion retailers around the globe. Theaverage return rate for online apparel purchases is 30 percent to 40 percent. In some categories where fit is aneven more important factor, such as women’s dresses, the return rate is, according to industry sources, as high as50 percent. Accordingly, 3D body scanning could prove to be the solution to this problem by enabling consumersto find the right size when shopping online.

Even though 3D body scanning technology is still relatively new, large fashion retailers have already introduced 3Dbody scanning booths, and other companies are expected to follow. However, the reach of these technologiesmight even go further; in 2018, a Silicon Valley startup, launched the world’s first at-home body scanner.

Privacy

A substantial legal challenge for manufacturers and retailersoffering 3D body scanning technology services will likely beprivacy implications, especially for retailers focusing on theEU market in the light of the new General Data ProtectionRegulation (GDPR).

Body scans are often based on biometric data, whichqualifies as sensitive personal data under the GDPR. Thisis a special category of personal data which cannot beprocessed as easily as other personal information, and theuse of 3D body scanning technology will therefore requirethe explicit consent of the user. Storing and sharing thedata will also be subject to various restrictions.

Retailers using 3D body scanning will need to ensurethat their security and privacy practices fully comply withGDPR. Indeed, 3D body scanning technology allowscompanies to view some of the most intimate parts of anindividual, and companies must therefore minimize theamount of data collected and have security measures toprotect it.

Further considerations

Fashion retailers should reflect on the legal ownershipof scanned data and the devices and software used forscanning. Many creators of body scanning technology havereceived or are seeking patent protection.

Furthermore, scanned data itself may be available forprotection. Even though the scanned object and itsreproduction may not be eligible for IP protection, the 3Dbody scan data may be protected under the Directive onthe Protection of Undisclosed Know-How and BusinessInformation (Trade Secrets) (the Trade Secrets Directive)against their unlawful acquisition, use and disclosure bythird parties. This directive harmonizes the national lawsin EU countries regarding trade secrets and strengthensthe powers granted to trade secret owners by giving thembetter tools to fight against trade secrets misappropriation.

Because trade secrets are so important for R&D,innovation, competitiveness and growth, having a strongtrade secret management and protection system in placeis a must for any innovative company, including creatorsof 3D body scanning technology. However, given thepropensity of 3D body scan data to quickly grow outdated,it could prove challenging for companies to make suresuch information is regularly updated and that it containsaccurate information. Outdated 3D body scan dataloses its added value as it will no longer solve the sizingproblem mentioned earlier, and retailers would again facethe problem of high volumes of returned clothing. Oneway to deal with this could be to provide an incentive ornotification program that invites customers to regularlyupdate their 3D body scan profile.

Conclusion

It remains unclear to what extent 3D body scanning willfurther be adopted by fashion retailers. The technologyhas attracted some critics who believe it has no place infashion’s future because, even though 3D body scannersmight initially identify which size would be the correctgarment fit for the consumer, desired fit can be quitesubjective. But at a time when consumers are empoweredwith choice and digitalization is resulting in increasinglyquick changes in the fashion industry, new technologieslike 3D body scanning can help brands and retailers enablegrowth and improve the overall customer experience.

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