With the new General Data Protection Regulation (GDPR) looming, you will be among the numerous now frantically assessing business processes and systems to ensure you don’t fall foul of the new Regulation come implementation in May 2018. Even when you are spared taking care of a direct compliance project, any new initiative in your clients are more likely to feature an element of GDPR conformity. And as the deadline moves ever closer, companies be seeking to train their employees on the basics from the new regulation, especially those which have access to personal data.
The basics of GDPR
So what is all the fuss about and just how is the new law so different to the info protection directive which it replaces?
The very first key distinction is among scope. GDPR goes beyond safeguarding against the misuse of personal data including contact information and telephone numbers. The Regulation pertains to any type of private data that may identify an EU citizen, including user names and IP addresses. Furthermore, there is no distinction between information held with an individual in business or personal capacity – it’s all regulated classified as personal data identifying an individual and is therefore covered by the new Regulation.
Secondly, gdpr courses london eliminates the convenience from the “opt-out” currently enjoyed by many businesses. Instead, applying the strictest of interpretations, using private data of your EU citizen, necessitates that such consent be freely given, specific, informed and unambiguous. It takes a positive indication of agreement – it cannot be inferred from silence, pre-ticked boxes or inactivity.
It’s this scope, in conjunction with the strict interpretation which includes had marketing and business leaders alike in that fluster. And rightly so. Not simply will the business enterprise must be compliant with all the new law, it may, if challenged, have to demonstrate this compliance. To produce things difficult, the law will apply not just to newly acquired data post May 2018, but in addition to that already held. So if you have a database of contacts, exactly who you’ve freely marketed before, without their express consent, even giving the individual an option to opt-out, whether now or previously, won’t pay for it.
Consent needs to be gathered for the actions you would like to take. Getting consent simply to USE the data, in all forms will not be sufficient. Any set of contacts you have or plan to obtain a third party vendor could therefore become obsolete. With no consent from the individuals listed for the business to utilize their data for your action you had intended, you may not cover the cost utilisation of the data.
But it’s not every as bad since it seems. At first, GDPR seems like it could choke business, especially online media. That is really not the intention. From a B2C perspective, there might be quite a mountain to climb, such as many instances, businesses is going to be dependent on gathering consent. However, there are 2 other mechanisms where utilisation of the data can be legal, which in some instances will support B2C actions, and definately will almost certainly cover most areas of B2B activity.
“Contractual necessity” will stay a lawful basis for processing personal information under GDPR. Which means that whether it’s needed that those details are used to fulfil a contractual obligation together or make a plan inside their request to initiate a contractual agreement, no further consent will be required. Simply put , then, using a person’s contact information to develop a contract and fulfil it is permissible.
Addititionally there is the route of the “legitimate interests” mechanism, which remains a lawful grounds for processing private data. The exception is where the interests of the using the data are overridden from the interests from the affected data subject. It’s reasonable to imagine, that contacting and emailing legitimate business prospects, identified through their job title and employer, it’s still possible under GDPR.
3 Steps to Compliance…
Know your data! Despite the flexibility afforded by these mechanisms, specially in the context of B2B communications, it’s worth mapping out how personal information takes place and accessed in your business. This technique will help you uncover any compliance gaps and make a plan to make necessary changes in your processes. Similarly, you will be seeking to understand where consent is necessary and whether any of the personal information you currently hold already has consent for the actions you would like to take. If not, how will you begin obtaining it?
Appoint an information Protection Officer. This is a requirement beneath the new legislation, if you plan to process private data regularly. The DPO could be the central person advising the organization on compliance with GDPR as well as act as the key contact for Supervisory Authorities.
Train your Team! Giving individuals with use of data adequate training on the context and implications of GDPR should help avoid a potential breach, so don’t skip this time. Data protection can be a rather dull and dry topic, but taking just a small amount of energy to make certain workers are informed will be time spent well.
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