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Changes in EU law coming later this year, and recent changes to UK data compliance, require UK businesses to prove that they have explicit consent from consumers to use their data. Communicator have teamed up with Figaro Digital to find how ready marketers are
How Ready Are You For Data Protection Reforms?
s Google’s Eric Schmidt famously noted back in 2010, every two days we create as much information as we did in the history of humankind until 2003. Data is the currency of the digital
economy and, since it plays such a fundamental role in business and beyond, it’s only natural that everyone should have an interest in protecting it. But as geographical boundaries become more fluid, and the notion of ownership becomes less distinct, deciding how to do that is more easily said than done. The Data Protection Act controls how
our personal information is used by organisations, businesses or the government. Everyone responsible for using data has to follow the ‘data protection principles’. These require that all information is used fairly and lawfully, for limited, specifically stated purposes. It can be kept for no longer than is absolutely necessary and must be handled according to people’s data protection rights. The processing and use of personal data is only lawful if that
reason and permission to use data, it’s fine
FEATURE BY JON FORTGANG 44 issue 25 july 2015 If you’ve got a
data is freely given. Users must provide informed, unambiguous consent that their personal data may be used for specific purposes only—and companies must be able to show the details of that consent when asked to do so. So far, so familiar: the current laws
have been in place since 1998. What they don’t take into account is the enormous amount of new data that’s been generated by social media and cloud computing.
Later this year the European Commission will unify data protection across the EU with a single law: the General Data Protection Regulation (GDPR). Expected to come into force in late 2015, what’s proposed is a ‘one- stop-shop’ mechanism for resolving cross-border data protection cases. So, are marketers ready? “The core
principles remain,” says Steve Henderson, Compliance Officer at Communicator. “Collect data for a clear purpose and use it for that purpose. If you’ve got a reason and permission to use data, it’s fine.” In email marketing, he points out,
“We’ve already got permission-based marketing. We’ve got statements of intent and clear opt-in processes.” To ensure you’re meeting the new legal requirements, he advises looking carefully at each touch-point where data is collected. “That doesn’t just mean contact details. It means demographics,
behavioural and purchase information. Look at where you collect data and what you say to people at those points. Take yourself through your own customer process and look at the expectations you’re creating. Make sure the data you’re using fits with them.” Under the new legislation businesses
don’t just have to be compliant. They also have to be able to prove it. “To safeguard yourself, you’ll need to
ensure you have explicit consent to send your campaigns to your consumers. And this isn’t just for digital or email marketing, it’s for any type of direct marketing. You also need to ensure you process and store the data you collect in a way which is easy to access, should you need to present your consent at any time.”
WE NEED YOU! Help form an audience of marketers
providing key insight into this driver for change.
Communicator has teamed up with Figaro Digital to create a survey aimed at finding out how ready UK marketers are for the
forthcoming changes. The survey, which takes no longer than five minutes to
complete, is completely anonymous and your time is much appreciated. The information will be used in UK and EU reform content and articles in the coming months.
To take part in the survey, please go to
http://j.mp/datareforms
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