Simple Actions to GDPR Compliance8900154
With the new Common Information Protection Regulation (GDPR) looming, you may well be 1 of the numerous now frantically assessing business processes and systems to ensure you do not fall foul of the new Regulation come implementation in May 2018. Even if you have been spared operating on a direct compliance project, any new initiative inside your business 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 basics of the new regulation, especially those that have access to personal information.
The basics of GDPR
So what is 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 1 of scope. GDPR goes beyond safeguarding against the misuse of personal information such as e-mail addresses and phone numbers. The Regulation applies to any type of individual data that could determine an EU citizen, including user names and IP addresses. Moreover, there is no distinction in between information held on an individual in a company or individual capacity - it's all classified as individual information 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 numerous companies. Rather, applying the strictest of interpretations, using personal data of an EU citizen, demands that such consent be freely given, particular, informed and unambiguous. It demands 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 advertising and business leaders alike in such a fluster. And rightly so. Not only will the company need to be compliant with the new law, it might, if challenged, be needed to demonstrate this compliance. To make things even more tough, the law will apply not just to newly acquired data post Might 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 or not 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 data, in any form will not be adequate. Any list of contacts you have or intend to purchase from a third celebration vendor could consequently turn out to be obsolete. With out the consent from the individuals listed for your company to use their information for the action you had intended, you will not be able to make use of the data.
But it's not all as bad as it appears. At first glance, GDPR appears like it could choke business, especially online media. But that is truly not the intention. From a B2C perspective, there could be quite a mountain to climb, as in most instances, businesses will be reliant on gathering consent. Nevertheless, there are two other mechanisms by which use of the data can be legal, which in some cases will assistance B2C actions, and will almost definitely cover most locations of B2B activity.
"Contractual necessity" will stay a lawful basis for processing individual data below GDPR. This means that if it's needed that the individual's data is used to fulfil a contractual obligation with them or take actions at their request to enter into a contractual agreement, no further consent will be required. In layman's terms then, utilizing a person's contact particulars 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 individual data. The exception is where the interests of those using the information are overridden by the interests of the impacted information topic. It is reasonable to assume, that cold calling and emailing legitimate business prospects, identified via their job title and employer, will nonetheless be feasible under GDPR.
