Basic steps to GDPR Compliance

With the new General Data Protection Regulation (GDPR) looming, you could be one of the many now frantically assessing business processes and systems to make sure you don’t fall foul of the new Regulation come implementation in May 2018. Even when you have been spared working on a direct compliance project, any new initiative inside your clients are prone to have an component of GDPR conformity. And as the deadline moves ever closer, companies will be seeking to train their employees around the basics with the new regulation, specially those that have access to personal data.

So what is all the fuss about and how may be the new law so dissimilar to the data protection directive that it replaces?

The first key distinction is just one of scope. GDPR goes past safeguarding against the misuse of personal data such as email addresses and telephone numbers. The Regulation relates to any type of private data that could identify an EU citizen, including user names and IP addresses. Furthermore, there’s no distinction information held by using an individual in business or personal capacity – it’s all viewed as personal information identifying a person and is therefore covered by the new Regulation.

Secondly, gdpr courses london does away with the particular of the “opt-out” currently enjoyed by many businesses. Instead, utilizing the strictest of interpretations, using personal data of your EU citizen, requires that such consent be freely given, specific, informed and unambiguous. It takes a positive indication of agreement – it wouldn’t be inferred from silence, pre-ticked boxes or inactivity.

It’s this scope, coupled with the strict interpretation which has had marketing and business leaders alike in such a fluster. And rightly so. Not merely will the company have to be compliant using the new law, it may, if challenged, have to demonstrate this compliance. To make things even more difficult, what the law states will apply not just in newly acquired data post May 2018, but also to that particular already held. When you use a database of contacts, with whom you have freely marketed previously, without their express consent, even giving the individual an alternative to opt-out, whether now or previously, won’t cover it.

Consent must be gathered for the actions you want to take. Getting consent just to USE the data, in any form will not be sufficient. Any listing of contacts you’ve or want to obtain a 3rd party vendor could therefore become obsolete. Without the consent from the individuals listed to your business to use their data for that action you’d intended, you won’t be able to make utilisation of the data.

However it is don’t assume all as bad because it seems. At first, GDPR seems like it might choke business, especially online media. But that is really not the intention. From the B2C perspective, there could be quite a mountain to climb, as with many cases, businesses will be reliant on gathering consent. However, there’s two other mechanisms through which utilisation of the data may be legal, which in some instances will support B2C actions, and can probably cover most aspects of B2B activity.

“Contractual necessity” will remain a lawful cause for processing private data under GDPR. This means that if it is needed that people data is utilized to fulfil a contractual obligation together or make a plan inside their request to enter into a contractual agreement, no further consent will be required. Simply put , then, utilizing a person’s contact information to generate a contract and fulfil it is permissible.

There is also the path of the “legitimate interests” mechanism, which remains a lawful basis for processing private data. The exception is when the interests of these using the data are overridden through the interests from the affected data subject. It’s reasonable to assume, that contacting and emailing legitimate business prospects, identified through their job title and employer, is still possible under GDPR.

3 Steps to Compliance…

Know your computer data! Inspite of the flexibility afforded by these mechanisms, mainly in the context of B2B communications, it’s worth mapping out how personal information is held and accessed in your business. This technique will allow you to uncover any compliance gaps and do something to create necessary changes in your processes. Similarly, you’ll be trying to understand where consent is needed and whether some of the private data you currently hold already has consent for the actions you intend to take. If not, how do you go about obtaining it?
Appoint a knowledge Protection Officer. This can be a requirement beneath the new legislation, if you plan to process personal data frequently. The DPO would be the central person advising the business on compliance with GDPR as well as behave as the main contact for Supervisory Authorities.
Train your Team! Giving individuals with usage of data adequate training about the context and implications of GDPR will help avoid any breach, so don’t skip this time. Data protection can be a rather dull and dry topic, but taking just a small amount of energy to make sure employees are informed will be time well spent.
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