I am sure every marketing and salesperson by now knows about the General Data Privacy Regulation (GDPR) coming into force on 25 May 2018. GDPR’s data protection law applies to all companies in and out of EU processing personal data about EU residents.
As it’s a regulation and not a directive, it is legally binding to all the organization doing business in EMEA – it cannot be opted out or ignored. If anyone fails to complies, it could lead to fines of up to €20 million or 4% of your global turnover.
The privacy rights of individuals are based on
- “The Rights to valid consent”
- The Right of Transparency,
- “The Right to Correction”,
- “The Right to Erase”,
- “The Right to Portability”
The requirements include consent for data processing, protect collected data to privacy, mandatory data breach notification, safe transfer of data across borders and get certain companies to have a data protection officer for GDPR compliance.
Once organizations identify the need to comply with GDPR, they will need to take steps towards to ensure their personal data handling practices are compliant with the GDPR<url> before May 2018.
GDPR might seem extreme but persuasively though, there are following 3 key areas that marketers should worry about – data permission, data access, and data focus. Let’s take a look at each of these individually.
Data Consent – Consent means offering individuals real choice and control. Genuine consent should put individuals in charge, build customer trust and engagement, and enhance your reputation
- It is how you manage email opt-ins wherein people who wish to receive promotional emails from you.
- You can’t undertake that they want to be contacted.
- Hereon you need to take consent in a ‘freely given, informed, specific and, by a ‘clear affirmative action.
- You have to make sure you’ve actively made effort (and not assumed) permission from your prospects and customers, confirming they want to be contacted.
- Consequently, a pre-ticked box that automatically opts them it won’t work anymore you need to have opt-ins been confirmed by prospects and customers.
Right to Data Access – The right of access allows individuals to be aware of and verify the lawfulness of the processing.
- Itis one of the key aspects and is one of the most talked about decisions in GDPR compliance.
- It allows people the right to have outdated and inaccurate personal data to be removed.
- As a marketer, it will be your responsibility to make sure that users can access their data and remove consent whenever they want.
- Essentially speaking, it means including an unsubscribe link within your email marketing templates.
- The right to be forgotten is a method to gain more control on customer and prospect data is collected and used which includes the ability to access or remove it
Data Processing – Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
- It is collecting more data from customers and prospects than we actually need.
- Often the organizations would have collected data to process for one purpose but now would like to use it for a new purpose which was not disclosed to the data subject at the time the data was first collected.
- GDPR mandates you to legally validate the processing of the personal data you collect.
- Hence you need to focus on the data you need, and stop collecting more information which is “nice to have”.
- If you really need to know a customer’s information and you can prove why you need it, then you can continue sourcing the data for it.
- Otherwise, avoid collecting any unnecessary information.
Conclusion – As we get close to May 2018, there will set challenges for businesses across Europe and beyond. GDPR does not mean to stop businesses from communicating with their customers and prospects. It, in fact, helps to an improve the quality of bad data to good data which is why we as marketers need to see the bigger picture which stands out an opportunity to research deeper into the needs of their prospects and customers, rather than using the traditional way of approach to marketing.
The article is our understanding of the GDPR law and how it will impact. We are not qualified to provide legal advice of any kind. To understand how the GDPR or any other data law impact you or your business, you should seek independent advice of qualified legal counsel or visit eugdpr.org
GDPR references –
About Author : Ajit Desai, accomplished Sales and Marketing professional with over 10 years’ experience in various aspects of marketing. Currently helping companies how to be prepared for GDPR from marketing and sales perspective. What are the challenges with Data how to be ready with the same.