Simple Steps to GDPR Compliance6435928
With the new Common Data 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've been spared working on a direct compliance project, any new initiative inside your business is likely to include 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, particularly 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 various to the information protection directive that it replaces?
The first important distinction is one of scope. GDPR goes beyond safeguarding against the misuse of personal data such as email addresses and phone numbers. The Regulation applies to any form of individual information that could identify an EU citizen, such as user names and IP addresses. Furthermore, there is no distinction in between information held on an individual in a business or personal capacity - it is all classified as individual information identifying an person and is consequently covered by the new Regulation.
Secondly, GDPR does away with the convenience of the "opt-out" presently enjoyed by many companies. Instead, applying the strictest of interpretations, utilizing personal information of an EU citizen, requires that such consent be freely offered, specific, 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 company leaders alike in such a fluster. And rightly so. Not only will the company require to be compliant with the new law, it may, if challenged, be needed to demonstrate this compliance. To make issues even much more tough, the law will apply not just to newly acquired information post May 2018, but also to that already 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 requirements to be gathered for the actions you intend to take. Obtaining consent just to USE the information, in any form won't be adequate. Any list of contacts you have or intend to purchase from a third celebration vendor could consequently become obsolete. With out the consent from the individuals listed for your business to use their data for the action you had intended, you won't 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 business, particularly on-line media. But that is truly not the intention. From a B2C viewpoint, there could be fairly a mountain to climb, as in most cases, 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 instances will support B2C actions, and will almost certainly cover most areas of B2B activity.
"Contractual necessity" will stay a lawful basis for processing personal information below GDPR. This means that if it's 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 further consent will be required. In layman's terms then, using 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 where the interests of these using the data are overridden by the interests of the impacted data topic. It is reasonable to assume, that cold calling and emailing reputable company prospects, identified via their job title and employer, will still be possible below GDPR.
