With CAN-SPAM and CASL already in your email marketing lexicon, the time has come to be aware of another legislative acronym: GDPR. Unfamiliar with what we are referring to? Keep reading and we will break it down for you.
Beginning May 28th of 2018, the European Union will have a new legislation to deal with what’s known as the General Data Protection Regulation (GDPR). Since this information has been released to the public, we have been getting a couple of common questions like:
Well, let’s start with how this will impact you, personally. If you are a company based outside the EU’s jurisdiction, it likely won’t affect you at all. However, if you are within the jurisdiction, keep reading on. The legal document is filled with legal jargon that is extremely complex and either inapplicable for business to business communications or, is specific to personal data far broader than what we collect here. That being said, let’s take a moment to highlight the subsections most concerning for our EU members.
The following is stated in section 47:
“The legitimate interests of a controller, including those of a controller to which the personal data may be disclosed, or by a third party, may provide a legal basis for processing”. It goes on to say, “The processing of personal data for direct marketing purposes may be regarded as carried out for a legitimate interest.”
What does this all mean? At Agency Access, we can provide you with information, so long as the intent is to use it for the promotion of a legitimate cause which includes direct marketing. This is reiterated in Article 6.1(F) of the GDPR document.
Section 70 expands further on direct marketing and states, “Where personal data are processed for the purposes of direct marketing, the data subject should have the right to object to such processing”, which is a fancy way of saying you must include an option for the recipient to opt-out of your emails. This is something we have done for years to maintain compliance with our own U.S. Law.
Now, let’s get into the nitty-gritty in terms of holding and gathering information. For the most part, that burden is going to fall on us. The caveat is that you would then become the controller if you download the information making you responsible to follow the guidelines set forth within the GDPR legislation. Lucky for you, Agency Access is a one-stop shop for everything marketing so you can completely avoid that issue.
If you do decide to download a list and use another source for your marketing efforts, it’s recommended you read over Article 14 of the GDPR document, as there is an additional language you must include in your marketing efforts in order to be compliant moving forward. To summarize, you will need to let them know where you got your information, how to get in contact with us, why you have the information and provide them with a way to opt-out or be removed entirely from your records.
What does this new legislation mean for Agency Access’ ability to provide you with European data? Although we will have to make a few changes to how we collect and maintain the information, we will still continue to gather, check and provide you with the best EU data in town!
You can view the full GDPR document here:
*This is an editorial piece to provide you with information and perspective regarding the GDPR legislation, this does not constitute legal advice. The author and contributors are not lawyers, for legal advice we recommend you contact a lawyer.
Jason has spent the last 10 years of his career in the marketing industry. After 5 years managing small businesses he joined Agency Access and never looked back! Jason enjoys networking, creating lasting professional relationships, and long walks on the beach.
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