Simple Steps to GDPR Compliance5354377
With the new General Data Protection Regulation (GDPR) looming, you may well be one of 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 if you have been spared working on a direct compliance project, any new initiative inside your company is likely to include an element of GDPR conformity. And as the deadline moves ever closer, companies will be seeking to train their employees on the basics of the new regulation, particularly those that have access to personal data.
The basics of GDPR
So what's all the fuss about and how is the new law so different to the data protection directive that it replaces?
The initial key distinction is one of scope. GDPR goes beyond safeguarding against the misuse of personal information such as email addresses and phone numbers. The Regulation applies to any form of personal information that could identify an EU citizen, including user names and IP addresses. Furthermore, there is no distinction between information held on an individual in a business or personal capacity - it's all classified as personal data identifying an individual and is therefore covered by the new Regulation.
Secondly, GDPR does away with the convenience of the "opt-out" currently enjoyed by numerous businesses. Rather, applying the strictest of interpretations, utilizing personal data of an EU citizen, requires that such consent be freely given, specific, informed and unambiguous. It requires a positive indication of agreement - it can't be inferred from silence, pre-ticked boxes or inactivity.
It is this scope, coupled with the strict interpretation that has had marketing and business leaders alike in such a fluster. And rightly so. Not only will the business require to be compliant with the new law, it may, if challenged, be needed to demonstrate this compliance. To make issues even more difficult, the law will apply not just to newly acquired data post May 2018, but also to that currently held. So if you have a database of contacts, to whom you have freely marketed in the previous, with out their express consent, even providing the person an choice to opt-out, whether or not now or previously, will not cover it.
Consent needs to be gathered for the actions you intend to take. Obtaining consent just to USE the information, in any type will not be sufficient. Any list of contacts you have or intend to buy from a third party vendor could therefore turn out to be obsolete. Without the consent from the individuals listed for your business to use their information for the action you had intended, you will not be in a position to make use of the information.
But it's not all as bad as it seems. At initial glance, GDPR appears like it could choke business, particularly on-line media. But that is really not the intention. From a B2C perspective, there could be quite a mountain to climb, as in most cases, businesses will be reliant on gathering consent. However, there are two other mechanisms by which use of the information can be legal, which in some cases will assistance B2C actions, and will nearly definitely cover most areas of B2B activity.
"Contractual necessity" will remain a lawful basis for processing individual information under GDPR. This means that if it's needed that the individual's data is used to fulfil a contractual obligation with them or take steps at their request to enter into a contractual agreement, no further consent will be required. In layman's terms then, utilizing a person's get in touch with particulars to generate a contract and fulfil it is permissible.
There is also the route of the "legitimate interests" mechanism, which remains a lawful basis for processing personal information. The exception is where the interests of these using the data are overridden by the interests of the affected information subject. It's reasonable to assume, that cold calling and emailing reputable company prospects, identified through their job title and employer, will nonetheless be feasible below GDPR.
