Simple Actions to GDPR Compliance3969766
With the new Common Information Protection Regulation (GDPR) looming, you may nicely be one of the many now frantically assessing business processes and systems to make sure you don't fall foul of the new Regulation come implementation in Might 2018. Even if you've been spared working on a direct compliance project, any new initiative within your business is most 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 fundamentals of the new regulation, particularly those that have access to individual information.
The basics of GDPR
So what is all the fuss about and how is the new law so various to the information protection directive that it replaces?
The initial important distinction is 1 of scope. GDPR goes beyond safeguarding against the misuse of individual data such as e-mail addresses and phone numbers. The Regulation applies to any type of personal information that could determine an EU citizen, including user names and IP addresses. Moreover, there is no distinction in between info held on an person in a company or personal capacity - it is all classified as personal data identifying an individual and is therefore covered by the new Regulation.
Secondly, GDPR does away with the comfort of the "opt-out" currently enjoyed by many companies. Rather, applying the strictest of interpretations, using individual data of an EU citizen, demands that such consent be freely offered, particular, informed and unambiguous. It requires a positive indication of agreement - it cannot be inferred from silence, pre-ticked boxes or inactivity.
It's this scope, coupled with the strict interpretation that has had advertising and business leaders alike in such a fluster. And rightly so. Not only will the business need to be compliant with the new law, it might, if challenged, be required to demonstrate this compliance. To make things even much more difficult, the law will apply not just to newly acquired data post May 2018, but also to that already held. So if you have a database of contacts, to whom you have freely marketed in the past, without their express consent, even providing the individual an option to opt-out, whether now or previously, won't cover it.
Consent requirements to be gathered for the actions you intend to take. Obtaining consent just to USE the information, in any form won't be adequate. Any list of contacts you have or intend to purchase from a third celebration vendor could therefore turn out to be obsolete. With out the consent from the individuals listed for your business to use their data for the action you had intended, you won't be able to make use of the information.
But it's not all as bad as it seems. At first glance, GDPR appears like it could choke business, particularly on-line media. But that's truly not the intention. From a B2C viewpoint, there could be fairly a mountain to climb, as in most instances, 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 support B2C actions, and will nearly certainly cover most areas of B2B activity.
"Contractual necessity" will stay a lawful basis for processing individual data under GDPR. This indicates that if it's required that the individual's information is used to fulfil a contractual obligation with them or take actions at their request to enter into a contractual agreement, no additional consent will be required. In layman's terms then, using a person's get in touch with details to produce a contract and fulfil it is permissible.
There is also the route of the "reputable interests" mechanism, which remains a lawful basis for processing personal data. The exception is exactly where the interests of these using the information are overridden by the interests of the affected information topic. It's affordable to assume, that cold calling and emailing legitimate company prospects, identified through their job title and employer, will nonetheless be possible below GDPR.
