Easy Actions to GDPR Compliance7454883
With the new General Information Protection Regulation (GDPR) looming, you may well be 1 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 within your company is most likely to consist of an element of GDPR conformity. And as the deadline moves ever closer, companies will be looking for to train their employees on the fundamentals of the new regulation, particularly these that have access to individual data.
The basics of GDPR
So what is all the fuss about and how is the new law so various to the data protection directive that it replaces?
The initial key distinction is one 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 data that could determine an EU citizen, including user names and IP addresses. Moreover, there is no distinction in between information held on an person in a business or personal capacity - it's all classified as individual information identifying an person and is consequently covered by the new Regulation.
Secondly, GDPR does away with the comfort of the "opt-out" presently enjoyed by many companies. Rather, applying the strictest of interpretations, using individual information of an EU citizen, demands 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 is this scope, coupled with the strict interpretation that has had marketing and company leaders alike in such a fluster. And rightly so. Not only will the company need to be compliant with the new law, it may, if challenged, be required to demonstrate this compliance. To make things even more tough, the law will apply not just to newly acquired information 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 past, with out their express consent, even giving the individual an choice to opt-out, whether now or previously, won't cover it.
Consent needs to be gathered for the actions you intend to take. Obtaining consent just to USE the information, in any type won't be sufficient. Any list of contacts you have or intend to buy from a third party vendor could consequently become obsolete. With out the consent from the people listed for your business to use their data for the action you had intended, you will not be able to make use of the information.
But it's not all as poor as it seems. At first glance, GDPR appears like it could choke company, particularly on-line media. But that's really not the intention. From a B2C viewpoint, there could be quite a mountain to climb, as in most cases, companies will be reliant on gathering consent. Nevertheless, 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 certainly cover most locations of B2B activity.
"Contractual necessity" will stay a lawful basis for processing individual information below GDPR. This means that if it's required 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 additional consent will be needed. In layman's terms then, utilizing a person's contact details to generate a contract and fulfil it is permissible.
There is also the route of the "reputable interests" mechanism, which remains a lawful basis for processing individual data. The exception is where the interests of these utilizing the information are overridden by the interests of the impacted data topic. It's reasonable to assume, that cold calling and emailing reputable company prospects, identified via their job title and employer, will nonetheless be feasible below GDPR.
