Using the new General Data Protection Regulation (GDPR) looming, you will be one of the many now frantically assessing business processes and systems to ensure that you don’t fall foul from the new Regulation come implementation in May 2018. Even when you are spared working on an immediate compliance project, any new initiative in your business is likely to feature an element of GDPR conformity. And because the deadline moves ever closer, companies will be wanting to train their workers around the basics of the new regulation, particularly those which have access to personal information.
The basic principles of GDPR
So what’s all the fuss about and how may be the new law so different to the information protection directive which it replaces?
The initial key distinction is just one of scope. GDPR surpasses safeguarding from the misuse of non-public data including email addresses and numbers. The Regulation applies to any kind of personal data that may identify an EU citizen, including user names and IP addresses. Furthermore, there’s no among information held on an individual in business or personal capacity – it’s all regulated considered personal data identifying an individual and is also therefore covered by the new Regulation.
Secondly, gdpr courses london gets rid of the particular with the “opt-out” currently enjoyed by a lot of businesses. Instead, using the strictest of interpretations, using personal information of your EU citizen, necessitates that such consent be freely given, specific, informed and unambiguous. It requires a good indication of agreement – it cannot be inferred from silence, pre-ticked boxes or inactivity.
It’s this scope, along with the strict interpretation that has had marketing and business leaders alike in such a fluster. And rightly so. Not only will the business must be compliant using the new law, it might, if challenged, be required to demonstrate this compliance. To create things difficult, what the law states will apply not just to newly acquired data post May 2018, but additionally compared to that already held. So if you have a database of contacts, with whom you have freely marketed previously, without their express consent, even giving the individual an alternative to opt-out, whether now or previously, won’t pay for it.
Consent needs to be gathered for that actions you want to take. Getting consent in order to USE the data, of any type will not be sufficient. Any list of contacts you have or want to obtain an authorized vendor could therefore become obsolete. With no consent from the individuals listed for the business to utilize their data for your action you’d intended, you may not cover the cost use of the data.
But it is not all as bad because it seems. At first glance, GDPR looks like it might choke business, especially online media. That is not really the intention. From your B2C perspective, there may be quite a mountain to climb, as with many cases, businesses is going to be just a few gathering consent. However, there are 2 other mechanisms through which utilisation of the data could be legal, which in some instances will support B2C actions, and can most likely cover most areas of B2B activity.
“Contractual necessity” will remain a lawful basis for processing personal information under GDPR. Which means that if it’s needed that those details are used to fulfil a contractual obligation together or do something inside their request to initiate a contractual agreement, no further consent will be required. In layman’s terms then, utilizing a person’s information to create a contract and fulfil it is permissible.
There is also the route from the “legitimate interests” mechanism, which remains a lawful grounds for processing personal information. The exception is where the interests of these using the data are overridden by the interests of the affected data subject. It’s reasonable to assume, that talking to 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, especially in the context of B2B communications, it’s worth mapping out how personal data is held and accessed inside 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 end up looking to understand where consent is needed and whether some of the private data you currently hold already has consent for that actions you want to take. If not, how will you start obtaining it?
Appoint a Data Protection Officer. It is a requirement underneath the new legislation, if you plan to process personal data on a regular basis. The DPO could be the central person advising the organization on compliance with GDPR and will also behave as the main contact for Supervisory Authorities.
Train your Team! Giving individuals with access to data adequate training about the context and implications of GDPR should help avoid any breach, so don’t skip now. Data protection might be a rather dull and dry topic, but taking just a small amount of your time to ensure personnel are informed will probably be time wisely spent.
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