With all the new General Data Protection Regulation (GDPR) looming, you will be one of the many now frantically assessing business processes and systems to make sure you don’t fall foul from the new Regulation come implementation in May 2018. Even when you’ve been spared focusing on a direct compliance project, any new initiative in your business is more likely to have an component of GDPR conformity. And as the deadline moves ever closer, companies be wanting to train their staff on the basics of the new regulation, especially those which have use of personal data.
The fundamentals of GDPR
So what’s all of the fuss about and the way is the new law so different to the information protection directive which it replaces?
The very first key distinction is among scope. GDPR goes past safeguarding from the misuse of non-public data such as contact information and telephone numbers. The Regulation pertains to any type of personal information that could identify an EU citizen, including user names and IP addresses. Furthermore, there is no distinction between information held with an individual in a business or personal capacity – it’s all classified as personal information identifying someone and is also therefore taught in new Regulation.
Secondly, gdpr courses london eliminates the benefit with the “opt-out” currently enjoyed by many businesses. Instead, using the strictest of interpretations, using personal information of your EU citizen, requires that such consent be freely given, specific, informed and unambiguous. It will take a positive symbol of agreement – it cannot 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 company must be compliant with the new law, it may, if challenged, have to demonstrate this compliance. To make things even more complicated, what the law states will apply not just in newly acquired data post May 2018, but also compared to that already held. If you possess a database of contacts, to whom you’ve freely marketed previously, without their express consent, even giving the individual an option to opt-out, whether now or previously, won’t cover it.
Consent has to be gathered for the actions you would like to take. Getting consent just to Utilize the data, in any form won’t be sufficient. Any list of contacts you have or plan to buy from an authorized vendor could therefore become obsolete. With no consent from your individuals listed to your business to make use of their data for that action you needed intended, you may not cover the cost of use of the data.
But it is not every badly because it seems. At first glance, GDPR looks like it may choke business, especially online media. That is not really the intention. From a B2C perspective, there could be a significant mountain to climb, such as many instances, businesses will be just a few gathering consent. However, there are 2 other mechanisms by which utilisation of the data may be legal, which in some instances will support B2C actions, and will almost certainly cover most areas of B2B activity.
“Contractual necessity” will remain a lawful cause for processing personal data under GDPR. Which means that whether it’s necessary that those details are utilized to fulfil a contractual obligation with them or take steps inside their request to enter into a contractual agreement, no further consent will probably be required. Simply put , then, employing a person’s information to generate a contract and fulfil it’s permissible.
There is also the road of the “legitimate interests” mechanism, which remains a lawful cause for processing personal data. The exception is how the interests of these with all the data are overridden by the interests of the affected data subject. It’s reasonable to assume, that talking to 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 inside your business. This method will help you uncover any compliance gaps and take steps to create necessary adjustments to your processes. Similarly, you will be looking to understand where consent is required and whether some of the personal data you currently hold already has consent for your actions you would like to take. If not, how do you go about obtaining it?
Appoint a knowledge Protection Officer. This is a requirement under the new legislation, if you plan to process personal data on a regular basis. The DPO would be the central person advising the business on compliance with GDPR and will also act as the main contact for Supervisory Authorities.
Train your Team! Giving individuals with use of data adequate training around the context and implications of GDPR should help avoid any breach, so don’t skip this point. Data protection can be a rather dull and dry topic, but taking just a little of energy to make certain employees are informed is going to be time well spent.
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