By Karen Dudek, Media Supervisor, Capstone Media
GDPR – What is it and what does it mean for Global marketers?
GDPR stands for General Data Protection Regulation Data Protection Regulation and the basic premise is this…
The General Data Protection Regulation is a soon to be enacted policy that carries provisions requiring businesses to protect the personal data and privacy of EU citizens for transactions that occur within EU member states, and it regulates the exportation of personal data outside the EU.
Any company that stores or processes personal information about European Union citizens within EU states must comply with the GDPR, even if they do not have a business presence within the EU. Consumer data protection and privacy laws are changing radically in the EU, and it can affect companies around the world including the United States.
Twenty-Eight European countries will be affected by the new data protection and privacy law beginning May 25, 2018. A list of all EU member countries can be found here: https://europa.eu/european-union/about-eu/countries/member-countries_en
Here are some basic regulation mandates you need to know:
1. The amount of data and how it is collected on European consumers will be limited and more stringent. From the EU GDPR Portal: “The conditions for consent have been strengthened, and companies will no longer be able to use long illegible terms and conditions full of legalese, as the request for consent must be given in an intelligible and easily accessible form, with the purpose for data processing attached to that consent. Consent must be clear and distinguishable from other matters and provided in an intelligible and easily accessible form, using clear and plain language. It must be easy to withdraw consent as it is the give it.”
2. The new regulations will affect all U.S. companies operating in the EU. From the EU GDPR Portal: “Arguably the biggest change to the regulatory landscape of data privacy comes with the extended jurisdiction of the GDPR, as it applies to all companies processing the personal data of data subjects residing in the Union, regardless of the company’s location. GDPR makes its applicability very clear – it will apply to the processing of personal data by controllers and processors in the EU, regardless of whether the processing takes place in the EU or not. The GDPR will also apply to the processing of personal data of data subjects in the EU by a controller or processor not established in the EU, where the activities related to: offering goods or services to EU citizens (irrespective of whether payment is required) and the monitoring of behavior that takes place within the EU. Non-EU businesses processing the data of EU citizens will also have to appoint a representative in the EU.”
3. Global brands will need to implement new processes and tools that prompt consumers to give explicit consent when sharing their information. Companies will be required to keep thorough records that demonstrate the data collected is accurate and consensual. They should establish procedures for auditing and maintaining their databases to ensure any contacts without opt-in permission are removed. In some cases, a data protection officer (DPO) will be required on staff to oversee data security strategy and GDPR compliance, especially where large amounts of EU citizen data are collected and nurtured.
In the end, businesses and their data controllers (those that own the data) and data processors (those that manage the data) are all responsible for adhering to the new GDPR.
Follow this link https://www.eugdpr.org/ to the official EU GDPR portal for all information you need to know to become compliant with the new regulations.
About Capstone Media
Capstone Media is an Ohio based marketing & media buying services consultancy. Core services include target market research coupled with strategic marketing solutions, media planning, media buying and promotional solutions. In addition, we are a teaching consultancy that continually updates our clients on marketing trends especially in the area of emerging media technologies.
Contact Tracy Smuts at 440-717-1100 with any questions.