Easy Steps to GDPR Compliance5777973
With the new General Information Protection Regulation (GDPR) looming, you might nicely be 1 of the many now frantically assessing business processes and systems to make sure you do not fall foul of the new Regulation come implementation in Might 2018. Even if you have been spared operating 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, businesses will be looking for to train their workers on the fundamentals of the new regulation, particularly these that have access to personal 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 key distinction is one 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 information that could determine an EU citizen, such as user names and IP addresses. Moreover, there is no distinction in between information held on an person in a business or individual capacity - it is 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" 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 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 advertising 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 might, if challenged, be needed to demonstrate this compliance. To make issues even more tough, the law will apply not just to newly acquired information post Might 2018, but also to that currently 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 choice to opt-out, whether or not 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 will not be sufficient. Any list of contacts you have or intend to buy from a third party vendor could therefore become obsolete. Without the consent from the people listed for your company to use their data for the action you had intended, you will not be in a position to make use of the information.
But it is not all as poor as it appears. At first glance, GDPR appears like it could choke company, especially online media. But that's 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. 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 almost certainly cover most locations of B2B activity.
"Contractual necessity" will remain a lawful basis for processing individual information under GDPR. This indicates that if it is needed that the individual's information is utilized to fulfil a contractual obligation with them or take actions at their request to enter into a contractual agreement, no additional consent will be needed. In layman's terms then, using 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 information. The exception is exactly where the interests of these utilizing the information are overridden by the interests of the impacted data subject. It's affordable to assume, that cold calling and emailing legitimate company prospects, identified through their job title and employer, will nonetheless be feasible under GDPR.
