With all the new General Data Protection Regulation (GDPR) looming, you could be one of the many now frantically assessing business processes and systems to ensure you don’t fall foul from the new Regulation come implementation in May 2018. Even though you’ve been spared taking care of an immediate compliance project, any new initiative within your clients are likely to feature an element of GDPR conformity. And as the deadline moves ever closer, companies will be trying to train their workers about the basics of the new regulation, particularly those who have access to personal information.
The basics of GDPR
So what is all of the fuss about and the way will be the new law so dissimilar to the data protection directive that it replaces?
The first key distinction is one of scope. GDPR surpasses safeguarding against the misuse of non-public data such as contact information and telephone numbers. The Regulation pertains to any form of personal information that can identify an EU citizen, including user names and IP addresses. Furthermore, there is no among information held with an individual in a business or personal capacity – it’s all viewed as private data identifying someone and is therefore taught in new Regulation.
Secondly, gdpr training london does away with the particular with the “opt-out” currently enjoyed by a lot of businesses. Instead, applying the strictest of interpretations, using personal information of an EU citizen, requires that such consent be freely given, specific, informed and unambiguous. It takes a positive indication of agreement – it wouldn’t 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 such a fluster. And rightly so. Not merely will the business need to be compliant with all the new law, it may, if challenged, be asked to demonstrate this compliance. To produce things difficult, the law will apply not just to newly acquired data post May 2018, but also compared to that already held. If you have a database of contacts, exactly who you have freely marketed in the past, without their express consent, even giving the person an option to opt-out, whether now or previously, won’t cover it.
Consent needs to be gathered for your actions you want to take. Getting consent simply to USE the data, in all forms will not be sufficient. Any listing of contacts you have or want to purchase from an authorized vendor could therefore become obsolete. With no consent in the individuals listed to your business to use their data for the action you had intended, you may not be able to make utilisation of the data.
But it’s not all as bad as it seems. At first, GDPR looks like it might choke business, especially online media. But that’s not really the intention. From a B2C perspective, there may be a significant mountain to climb, such as many cases, businesses will probably be dependent on gathering consent. However, there are 2 other mechanisms where utilisation of the data could be legal, which in some instances will support B2C actions, and definately will probably cover most areas of B2B activity.
“Contractual necessity” will remain a lawful grounds for processing personal information under GDPR. Which means that if it’s needed that those details are utilized to fulfil a contractual obligation with them or take steps at their request to enter into a contractual agreement, no further consent is going to be required. Simply put , then, utilizing a person’s contact details to generate a contract and fulfil it is permissible.
Another highlight is the road of the “legitimate interests” mechanism, which remains a lawful cause for processing personal data. The exception is when the interests of the using the data are overridden by the interests from the affected data subject. It’s reasonable to assume, 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 data! Despite the flexibility afforded by these mechanisms, mainly in the context of B2B communications, it’s worth mapping out how personal data takes place and accessed in your business. This process will help you uncover any compliance gaps and make a plan to produce necessary adjustments to your processes. Similarly, you will end up looking to understand where consent is required and whether any of the private data you currently hold already has consent for that actions you would like to take. Otherwise, how would you go about obtaining it?
Appoint a Data Protection Officer. It is a requirement underneath the new legislation, if you plan to process private data frequently. The DPO would be the central person advising the business on compliance with GDPR and it’ll act as the primary contact for Supervisory Authorities.
Train your Team! Giving those with use of data adequate training around the context and implications of GDPR will help avoid a possible breach, so don’t skip this point. Data protection might be a rather dull and dry topic, but taking just a small amount of time to make sure workers are informed will probably be time well spent.
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