The Rights of Data Subjects
With the new GDPR comes a range of new rights for data subjects. The regulation changes how subjects are to be notified about breaches, their right to access to what personal data has been processed, how it is being used and the conditions for erasure (the Right to be Forgotten).
Privacy by Design
The GDPR introduces ‘privacy by design’ as a legal requirement, meaning that data protection measures must be included ‘from the onset of the designing of systems, rather than an addition.’
What do advertisers need to know?
- Impact: While the GDPR will have a significant impact on digital advertising, it is not the only marketing function that the Regulation will affect. All marketing that uses consumer data now comes under its scope.
- Scope: All data will now fall within the scope of the new law and will be called ‘personal data’. For digital advertising all data processed is expected to fall within the Regulation.
- Processing Personal Data: The Regulation allows for several ways to process / collect personal data – one option is with “unambiguous” consent of the user, or when it is in the “legitimate interests” of the organisation processing the personal data - preventing fraud and direct marketing are considered legitimate interests.
- Profiling: People will have the right not to be subjected to profiling or the “automatic processing of personal data’” where it may cause “legal effects” or similar effects (ie refusal of a credit application).
- Fines: Regulators will be able to fine organisations up to 4% of annual global turnover in the event of a breach.
What about Brexit?
Despite the many uncertainties surrounding Brexit, one thing is for sure, the GDPR will still be implemented in the UK in May 2018 and all organisations should continue their preparations to comply with the regulation.
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