With all the new General Data Protection Regulation (GDPR) looming, you will be among the numerous now frantically assessing business processes and systems to ensure you don’t fall foul with the new Regulation come implementation in May 2018. Even though you have been spared taking care of an immediate compliance project, any new initiative inside your company is likely to have an part of GDPR conformity. And because the deadline moves ever closer, companies be wanting to train their employees about the basics of the new regulation, particularly those who have access to personal data.

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

The very first key distinction is one of scope. GDPR goes past safeguarding against the misuse of private data such as contact information and telephone numbers. The Regulation pertains to any form of personal data that could identify an EU citizen, including user names and IP addresses. Furthermore, there isn’t any distinction between information held on an individual in business or personal capacity – to make sure classified as private data identifying an individual and is therefore covered by the new Regulation.

Secondly, gdpr courses london gets rid of the benefit from the “opt-out” currently enjoyed by a lot of businesses. Instead, applying the strictest of interpretations, using private data of an EU citizen, requires that such consent be freely given, specific, informed and unambiguous. It requires a good symbol of agreement – it can’t be inferred from silence, pre-ticked boxes or inactivity.

It’s this scope, along with the strict interpretation that has had marketing and business leaders alike in such a fluster. And rightly so. Not merely will the company must be compliant with all the new law, it may, if challenged, be asked to demonstrate this compliance. To create things even more difficult, the law will apply not just in newly acquired data post May 2018, but in addition compared to that already held. When you possess a database of contacts, exactly who you have freely marketed previously, without their express consent, even giving the individual a choice to opt-out, whether now or previously, won’t cover it.

Consent must be gathered for your actions you would like to take. Getting consent simply to Make use of the data, in all forms won’t be sufficient. Any listing of contacts you’ve or intend to obtain a 3rd party vendor could therefore become obsolete. Minus the consent from your individuals listed for your business to make use of their data for that action you needed intended, you won’t cover the cost use of the data.

But it is not all badly since it seems. Initially, GDPR looks like it might choke business, especially online media. But that’s not really the intention. From a B2C perspective, there may be quite a mountain to climb, such as many cases, businesses is going to 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 definately will almost certainly cover most areas of B2B activity.

“Contractual necessity” will remain a lawful grounds for processing personal information under GDPR. Which means that if it is needed that the individual’s data is used to fulfil a contractual obligation using them or do something in their request to initiate a contractual agreement, no further consent will be required. In layman’s terms then, using a person’s contact details to create a contract and fulfil it’s permissible.

Another highlight is the path with the “legitimate interests” mechanism, which remains a lawful grounds for processing personal information. The exception is where the interests of those with all the data are overridden from the interests from the affected data subject. It’s reasonable to visualize, that talking to and emailing legitimate business prospects, identified through their job title and employer, is still possible under GDPR.

3 Steps to Compliance…

Know your data! Inspite of the flexibility afforded by these mechanisms, mainly in the context of B2B communications, it’s worth mapping out how private data takes place and accessed within your business. This method will allow you to uncover any compliance gaps and make a plan to create necessary adjustments to your processes. Similarly, you will be seeking to understand where consent is needed and whether the personal data you currently hold already has consent for that actions you intend to take. If not, how would you begin obtaining it?
Appoint an information Protection Officer. This is a requirement beneath the new legislation, if you intend to process private 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 those with access to data adequate training on the context and implications of GDPR will help avoid a potential breach, so don’t skip this time. Data protection might be a rather dull and dry topic, but taking just a small amount of energy to ensure personnel are informed will be time wisely spent.
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