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Are you GDPRed yet?
1.
2.
b 2 Are you GDPRed
yet? © 2017 Datamatics Business Solutions Ltd. All rights reserved. Prelude Datamatics’ key services is to provide customized intelligent database solutions. We develop, design and deliver accurate and validated database solutions for global enterprises. We increase the buying probability of contact data up to 90% by adding layers of intelligent tags. Our team of experts deliver over 300% increase in data efficiency through our services of: Database creation, validation, cleansing, enrichment, enhancement and consolidation with intelligence. As Data Processors, we adhere to GDPR guidelines at every step of data management. This document is our observation on the regulation. We do not provide any GDPR compliance certification or consultation services.
3.
b 3 Are you GDPRed
yet? © 2017 Datamatics Business Solutions Ltd. All rights reserved. Table of Contents 1. Overview........................................................................................................................................... 4 2. Getting the most from these changes.............................................................................................. 5 3. Effects of GDPR on PECR (Privacy and Electronic Communications Regulations) ........................... 6 4. Penalties ........................................................................................................................................... 7 5. GDPR and B2B marketing................................................................................................................. 7 6. GDPR: Delving deeper ...................................................................................................................... 8 7. Conclusion ...................................................................................................................................... 10
4.
b 4 Are you GDPRed
yet? © 2017 Datamatics Business Solutions Ltd. All rights reserved. Overview The General Data Protection Regulation (GDPR) promises a radical revolution to European privacy laws that have been prevailing for over two decades. It imposes a radical, much tougher data protection regulatory framework on Europe, UK and the wider world for processing personal data. The GDPR regulation will replace Directive 95/46/EC - directly applicable in every Member State from 25th May 2018. The GDPR regulation aims to harmonize all data protection law across the EU & UK to increase individual rights. However, there may be differences in the way the regulation is interpreted and enforced in different Member States. There are six privacy principles under the GDPR regulation that form the fundamental conditions which organisations must follow. These principles should be adhered to when collecting, processing and managing the personal information data for all citizens in EU & UK. The six principles are listed below: Personal data must be processed lawfully, fairly and in a transparent manner Personal data must be collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes (with exceptions for public interest, scientific, historical or statistical purposes) Personal data must be adequate, relevant and limited to what is necessary in relation to purposes for which they are processed. Personal data must be accurate and kept up to date. Inaccurate personal data should be corrected or deleted. Personal data should be retained an identifiable format for no longer than is necessary (with exceptions for public interest, scientific, historical or statistical purposes) Personal data should be kept secure & confidential. GDPR gives individuals a lot more power to access the information that's held about them. Individuals are entitled to question the usage of data and to be given copies of that data. Companies of all sizes will have to give users more control over their data. Individuals also have the power to get their data erased if - it is no longer necessary for the purpose it was collected, if consent is withdrawn, there's no legitimate interest, and if it was unlawfully processed. If they have strong grounds to ask for processing to stop, it must be stopped.
5.
b 5 Are you GDPRed
yet? © 2017 Datamatics Business Solutions Ltd. All rights reserved. Data covered under GDPR In the virtual business world every technology device and database processes personal data in some way. GDPR regulation covers every processing operation on personal data, either by automated or non-automated means (active or passive in nature). Processing personal data includes creating personal data; storing; using; copying; aggregating; adapting; amending; sharing; transmitting; archiving; selling; losing; and erasing the data. GDPR applies to: GDPR primarily applies to businesses established in the Union. It will also apply to businesses based outside the Union that offer goods and services to, or monitor individuals in, the Union. Further, all processing must comply with six general principles and must satisfy a processing condition. Getting the most from these changes A. Metadata management is essential to comply with GDPR. There will be an increased emphasis on knowing what personal data is created and how it’s processed. Stronger accountability is an important principle of the GDPR. Hence, Tooling to manage (personal) data will prove vital in the future. GDPR requires implicit and explicit insight in the processing of personal data - possible with accurate Metadata management. It’s key to know the data being processed and the processing properties to gain in-depth insights. Businesses need to know everything about the personal data they hold to exercise data subject rights.
6.
b 6 Are you GDPRed
yet? © 2017 Datamatics Business Solutions Ltd. All rights reserved. B. GDPR compliance will build trust with clients and Safeguard personal data. If businesses want to tailor their product experience, customers should be able to trust them. GDPR makes it possible for businesses to request data from its customers. The increase in accountability will help build trust with clients. In addition to creating value, GDPR compliance helps in preventing incidents and damage. Being transparent and providing insight and control to customers ensures personal data usage ethically. In addition to higher fines, reputational damage of supervisory action is still an important risk. Complying with GDPR provisions helps mitigate this risk. C. Make GDPR compliance a top priority for the coming months. Be GDPR-ready by analysing the risk of processing personal data. Prioritize the action items and minimize the risks in a short span. The underlying principles of GDPR and current privacy legislation are highly similar. Organizations that comply with the GDPR will cover a large portion of the current legislation. 25th May 2018 may seem too far, but the days will pass by before we know it. Effects of GDPR on PECR (Privacy and Electronic Communications Regulations) The PECR are derived from the European law, also known as ‘the e-privacy Directive’. Under the current rules B2B marketers are subject to fewer regulatory requirements than B2C marketers. This is because PECR focuses on protections for consumers. Marketing to corporate employees via electronic channels does not require consent under PECR. However, GDPR sets a much higher standard for consent. It’s designed to put data protection at the top in the minds of business owners and encourages them to take a more holistic approach. The combination of GDPR and PECR means marketing processes need to be reinforced and a positive opt-in strategy needs to be fostered.
7.
b 7 Are you GDPRed
yet? © 2017 Datamatics Business Solutions Ltd. All rights reserved. Penalties The regulation introduces fines of up to 4% of annual worldwide turnover or €20m, whichever is greater. The supervisory authorities can audit and issue a temporary or permanent ban on processing. Individuals can sue businesses for compensation to recover both material damage and non-material damage (e.g. distress). These fines apply to breaches, including failure to comply with the six general principles or carrying out processing without satisfying a processing condition. Failing to notify a personal data breach or put in place an adequate contract with a processor fall into this penalty. Penalty Pendulum GDPR and B2B marketing Most of the obligations under the DPA (Data Protection Act) apply to firms carrying out B2B marketing related activities. However, the PECR specifies that B2B email marketing does not have to obtain the express opt-in consent of any individual whose personal data is involved in said activities to satisfy the individual consent ground. Therefore, in the context of B2B marketing activities involving personal data, if individuals are given the option to opt-out this is sufficient to establish consent. As in the case with Brexit, however, only until the legislation has been implemented will the full limitations be made clear to B2B marketers.
8.
b 8 Are you GDPRed
yet? © 2017 Datamatics Business Solutions Ltd. All rights reserved. What can B2B businesses do ahead of May 2018? To prepare for GDPR before May 2018, make sure that: 1. If an individual within your database enquires whether you hold any information about them, confirmation must be given without undue delay. 2. If confirmation is received that their personal data is being held, you will be obliged to inform the individual of precisely which of their personal data is being held, for what purposes and that he/she has the right to object to their data being held in the manner specified. 3. If an individual needs access to their personal data or wishes to receive a copy of the data, then you must honour this request without unnecessary delay. 4. If any personal data contained within the database is inaccurate, you must allow any affected individuals to rectify or otherwise correct any erroneous records. 5. If an individual objects to their personal data being stored in the database or asks for their personal data to be deleted, then these requests must be upheld. Meanwhile, businesses should be refining what they already know and adapt best practices when building strategies to communicate with prospects. GDPR regulation will ensure that businesses plan a robust data management system. The ones who begin now will put themselves in the best position to comply with the regulation, encourage ‘opt-ins’ and engagement with marketing campaigns and content. Until the GDPR comes into force, standard email marketing with a soft opt-out approach can be adapted. Targeted data lists can be purchased to capture as many possible leads in the GDPR compliance pool. Now is the time to use every marketing tactic in the arsenal. Make sure that there is as much data double opted-in to your communications as possible. GDPR: Delving deeper ICO (Information Commissioner's Office) enforcement actions
9.
b 9 Are you GDPRed
yet? © 2017 Datamatics Business Solutions Ltd. All rights reserved. Individual’s rights New DPO (Data Protection Officer) role Businesses that have "regular and systematic monitoring" of individuals or process sensitive personal data at a large scale have to employ a Data Protection Officer (DPO). This may mean hiring a new staff member. The DPO is responsible for overseeing data protection strategy and implementation to ensure compliance with GDPR requirements. The role includes monitoring GDPR compliance with appropriate training and reporting mechanisms to senior management. The DPO’s responsibilities include: Educating the company and employees on important compliance requirements. Training data processing staff. Proactively conducting audits to ensure compliance and address potential threats. Serving as the point of contact between the company and GDPR Supervisory Authorities. Monitoring performance and providing advice on the impact of data protection efforts. Maintaining comprehensive records of company’s data processing activities, including the purpose of processing, which must be made public on request. Interfacing with individuals to inform them about how their data is being used, their rights to erase personal data and measures the company has put in place to protect their personal information.
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b 10 Are you GDPRed
yet? © 2017 Datamatics Business Solutions Ltd. All rights reserved. Marketer’s obligations The GDPR raises countless compliance issues. It would be very easy to “get lost”. Work needs to be prioritised, so that critical risks issues and key business objectives are addressed before matters of lesser importance. Conclusion Being GDPRed before the deadline: As an intelligent data partner, we are uniquely placed to help our clients adjust to the new environment. For the past three decades, we have increased database efficiency by 300% for Fortune 5000 companies and SME’s across the globe. Our team is truly global, with on-the-ground expertise in all the major EU economies. Roadmap to compliance We are currently helping businesses in EU & UK to manage their legacy data and build new data that’s GDPR compliant. Datamatics can assist businesses in being GDPR-ready before the deadline approaches. Checklist Determine the exposure. Understand the penalties. Establish controls required. Get the opt-in statement specifics right. Check privacy and cookie consent. Get explicit double opt-in consent from contacts. Buy targeted lists now opt-in to communications.
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b 11 Are you GDPRed
yet? © 2017 Datamatics Business Solutions Ltd. All rights reserved. About Datamatics Business Solutions Ltd. We are a Global Provider of the Business Process Management (BPM) solutions. We partner with Fortune 5000 to help drive revenue growth, operational efficiency & customer engagement. We deliver highly customized solutions that leverage our strong industry experience of over 35 years. Envisioning the future, Datamatics has been awarded as the ‘Best Outsourcing Services Provider by the 2020 Group and won multiple awards by World HRD as the “Best Employer Brand in 2017”. Disclaimer: This whitepaper is purely an observation of information available on the internet. The paper is not a legal or a political expression towards any organization or policy. Datamatics is not responsible for any derivation from this whitepaper.
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