The document provides an overview of the General Data Protection Regulation (GDPR) which takes effect in May 2018. It defines key terms like personal data and data controllers. The GDPR aims to strengthen data protection for EU individuals and unify laws across EU members. It impacts any business that collects or processes personal data of EU individuals. Companies must obtain proper consent to use personal data and only keep data for specified purposes. Non-compliance can result in large fines. The GDPR changes how marketing departments can collect and use customer data.
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[Srijan Wednesday Webinars] Is Your Business Ready for GDPR
1. Is Your Business Ready
for GDPR?
Matt Skinner | Head of Digital Strategy & Data| Proctor + Stevenson
#SrijanWW | @srijan
3. WHAT IS IT?
• Regulation to strengthen and unify data protection for individuals within the European Union
• Affects the collection, processing and profiling of personal data
• Will impact businesses globally
• Approved May 2016
• Deadline for compliance: 25th May, 2018
• Updates and clarifications are ongoing
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1. Personal Data - any information relating to an identified or identifiable natural person.
2. Data Controller - the person/entity which determines the purposes and means of the processing of Personal
Data. (Master company)
3. Data Processor - a legal entity that processes Personal Data on behalf of a Data Controller. (Outsourced
providers, agencies etc)
4. Processing - any operation which is performed upon Personal Data, whether or not by automated means eg: to
collect, store, use in any way etc
Key Definitions
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● Put individuals back in control of their data
● Create a balance of power between businesses and customers
● Promote transparency
● Harmonise data protection law across the EU
● Make data laws fit for the digital age
GDPR: Aims
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Anything that identifies an individual. For example:
● Full name
● Job title
● Email address
● Direct phone number
● Data relating to an individual's actions or behaviours
● Computer IP address
Any data held on an EU or UK citizen will need to comply.
Data on EU citizens will be treated the same, wherever it’s held.
What is Personal Data?
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The Personal Data you hold must be:
● Fairly and lawfully processed
● Processed for limited/specified purposes
● Given the purpose of the processing, data must be adequate, relevant and not excessive
● Accurate and up to date
● Kept no longer than necessary
● Secure
Data Controllers are responsible for demonstrating compliance with these principles
Usage of Personal Data
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● A warning in writing in cases of first/non-intentional non-compliance
● Regular periodic data protection audits
● A fine up to 10,000,000 EUR or up to 2% of the annual worldwide turnover of the preceding financial year in
case of an enterprise, whichever is greater
● A fine up to 20,000,000 EUR or up to 4% of the annual worldwide turnover of the preceding financial year in
case of an enterprise, whichever is greater
Sanctions
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The GDPR imposes a general obligation on Data Controllers and Data Processors to adopt technical and
organisational measures in order to ensure that the Personal Data you hold is kept secure.
For example:
● Secure use of staff equipment and IT systems;
● Encryption of digital data;
● Clear desk policy and secure storage of hard copy documents;
● Understand and respect confidentiality obligations and sensitivity re the information you hold;
● Transfer of data between controller and processor
Security
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Sometimes you will provide Personal Data and/or allow access to your systems to third parties who will work for you. If
so, you must…
• Enter into a written agreement (Data Protection Agreement) with the third party that includes assurances re. data
protection
• Ensure the third party is aware of your expectations and requirements around the use of your personal data
• Consider the third parties you work with in terms of risk. An agency’s responsibilities under GDPR now link all of their
clients together. If one client suffers a breach, it can potentially affect all clients.
Third Parties
14. ‘Data harvesting’ will be become impossible
Marketing databases will become smaller…
…but their value will increase
List brokers will become near-obsolete
The way data is collected will need to change – “conditional” and
“incentivised” provisions mean that common digital marketing strategies
will become riskier
GDPR Impact on Comms and Marketing
17. GDPR
How users currently enter database
Communications
sent
Website CRMManual addition Bought in list
Marketing database
(held indefinitely)
25. Legal
grounds for
processing
data
GDPR In detail
Consent
Legitimate
interest
Public
interest
Vital
interest
Law
Contract
No processing
allowed without a
legal ground
(exhaustive list)
!
32. GDPR Consent
Consent
Clear affirmative action by data
subject (no pre-ticked boxes)
When in writing, be clearly
distinguished from other matters
Be authorised by a parent if given
by a child (<16) in relation to online
services
Be recorded so you can
demonstrate consent was
given
can be
withdrawn
at any time
Freely given, specific,
informed and unambiguous
33. A contractual requirement unless necessary for
performing the contract (ie: entering a prize draw)
Tied to something else
The default ie: Pre-ticked, opt out
GDPR Consent
Consent cannot be:
34. Specific, informed and unambiguous
Period of retention must be made clear
You must not collect more data than is necessary
GDPR Consent
Consent needs to be:
36. We need to shift the audience
mindset from
I don’t object to receiving
marketing communications
GDPR Consent
45. How users currently enter database
GDPR Comms Strategy
Communications
sent
Website CRMManual addition Bought in list
Marketing database
(held indefinitely)
46. Marketing database (held for defined period)
How users should enter database
GDPR Comms Strategy
Website
CRM
Consent / legal grounds recorded
Communications
sent
Consent on record
47. Information you should have on file
GDPR Comms Strategy
Name: Matt Skinner
Interests: Care Bears, data regulations
Types of communications requested: events, newsletter, guides
Language: English
Date consented: 12 October 2017, 18:47
Subscription ends: 12 October 2019, 18:47
You can therefore send information about: events,
offers or product updates related to Care Bears and
data regulations for 24 months.
48. GDPR is an opportunity, not a threat
Take responsibility as an individual, not as a
department
Start from consent and work backwards
Respect your audience
Start experimenting! Have fun!
GDPR In Summary
In summary
51. Matt Skinner
Head of Digital Strategy + Data
Proctor + Stevenson
matt.skinner@proctors.co.uk
Contact