Simple Actions to GDPR Compliance9323147
With the new Common Information Protection Regulation (GDPR) looming, you may well be one of the many now frantically assessing company 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 inside 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 workers on the fundamentals of the new regulation, especially those that have access to personal information.
The fundamentals of GDPR
So what's all the fuss about and how is the new law so different to the data protection directive that it replaces?
The first important distinction is 1 of scope. GDPR goes beyond safeguarding against the misuse of individual data such as email addresses and phone numbers. The Regulation applies to any type of individual data that could identify an EU citizen, such as user names and IP addresses. Furthermore, there is no distinction between info held on an individual in a company or personal 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 convenience of the "opt-out" currently enjoyed by numerous businesses. Instead, applying the strictest of interpretations, using personal data of an EU citizen, demands that such consent be freely offered, specific, informed and unambiguous. It requires a good indication of agreement - it can't 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 issues even much more difficult, 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 previous, with out their express consent, even giving the person an choice to opt-out, whether or not now or previously, will not cover it.
Consent requirements to be gathered for the actions you intend to take. Getting consent just to USE the data, in any type won't be sufficient. Any list of contacts you have or intend to buy from a third celebration 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 able to make use of the data.
But it's not all as poor as it seems. At initial glance, GDPR looks like it could choke company, particularly on-line media. But that is really not the intention. From a B2C perspective, 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 data can be legal, which in some cases will support B2C actions, and will almost definitely cover most areas of B2B activity.
"Contractual necessity" will remain a lawful basis for processing individual data under GDPR. This means that if it is needed that the individual's data is utilized to fulfil a contractual obligation with them or take steps at their request to enter into a contractual agreement, no further consent will be needed. In layman's terms then, utilizing a person's contact 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 information. The exception is exactly where the interests of those utilizing the information are overridden by the interests of the affected data topic. It's reasonable to assume, that cold calling and emailing legitimate business prospects, identified through their job title and employer, will nonetheless be feasible below GDPR.
