With all the new General Data Protection Regulation (GDPR) looming, you may well be one of the many now frantically assessing business processes and systems to ensure that you don’t fall foul with the new Regulation come implementation in May 2018. Even when you’ve been spared working on a direct compliance project, any new initiative inside 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 staff around the basics from the new regulation, specially those which have access to personal information.
The fundamentals of GDPR
What is all the fuss about and the way will be the new law so different to the data protection directive which it replaces?
The very first key distinction is one of scope. GDPR goes past safeguarding against the misuse of private data including email addresses and telephone numbers. The Regulation pertains to any form of private data that can identify an EU citizen, including user names and IP addresses. Furthermore, there is no distinction information held with an individual in business or personal capacity – it’s all viewed as personal data identifying someone and is also therefore taught in new Regulation.
Secondly, gdpr courses london gets rid of the convenience of the “opt-out” currently enjoyed by many businesses. Instead, applying the strictest of interpretations, using personal data of the EU citizen, necessitates that such consent be freely given, specific, informed and unambiguous. It will take a good indication of agreement – it wouldn’t be inferred from silence, pre-ticked boxes or inactivity.
It’s this scope, along with the strict interpretation which has had marketing and business leaders alike in that fluster. And rightly so. Not only will the business have to be compliant with the new law, it might, if challenged, be asked to demonstrate this compliance. To create things even more complicated, the law will apply not just in newly acquired data post May 2018, but also to that particular already held. When you have a database of contacts, to whom you’ve freely marketed before, without their express consent, even giving the average person an option to opt-out, whether now or previously, won’t cover it.
Consent needs to be gathered for your actions you would like to take. Getting consent simply to Make use of the data, in all forms will not be sufficient. Any set of contacts you’ve or plan to purchase from a third party vendor could therefore become obsolete. Minus the consent in the individuals listed to your business to use their data for your action you needed intended, you won’t cover the cost of use of the data.
However it is not all as bad as it seems. At first, GDPR looks like it may choke business, especially online media. But that is not really the intention. From a B2C perspective, there might be a significant mountain to climb, such as many cases, businesses will be just a few gathering consent. However, there are two other mechanisms by which utilisation of the data could be legal, which sometimes will support B2C actions, and definately will most likely cover most areas of B2B activity.
“Contractual necessity” will continue to be a lawful basis for processing personal information under GDPR. Which means that whether it’s needed that the individual’s details are utilized to fulfil a contractual obligation using them or do something in their request to enter into a contractual agreement, no further consent will be required. In layman’s terms then, employing a person’s contact details to develop a contract and fulfil it’s permissible.
Another highlight is the road from the “legitimate interests” mechanism, which remains a lawful cause for processing private data. The exception is when the interests of those while using data are overridden through the interests of the affected data subject. It’s reasonable to imagine, that cold calling and emailing legitimate business prospects, identified through their job title and employer, will still be possible under GDPR.
3 Steps to Compliance…
Know your computer data! Regardless of the flexibility afforded by these mechanisms, especially in the context of B2B communications, it’s worth mapping out how personal information is held and accessed within your business. This technique can help you uncover any compliance gaps and make a plan to make necessary adjustments to your processes. Similarly, you will end up seeking to understand where consent is required and whether some of the personal information you currently hold already has consent for the actions you intend to take. Or even, how would you begin obtaining it?
Appoint a Data Protection Officer. This is a requirement underneath the new legislation, if you plan to process personal information regularly. The DPO would be the central person advising the organization on compliance with GDPR and it’ll behave as the primary contact for Supervisory Authorities.
Train your Team! Giving those with usage of data adequate training about the context and implications of GDPR should help avoid a possible breach, so don’t skip this point. Data protection may be a rather dull and dry topic, but taking just a little of your time to make sure personnel are informed will probably be time wisely spent.
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