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GDPR: WHY IS EVERYONE TALKING ABOUT IT?
Since 25th May 2018, the ‘General Data Protection Regulation’ (GDPR) has been in force, which means the same rules for all EU countries. This was created in response to modern data procedures, data breaches, email usage etc. and to bring about a unified data protection policy to all of Europe. GDPR is primarily to improve the data protection rights of EU subjects, and to clarify what safeguards are needed in this new digital age.
NO MORE COLD CALLING OR EMAILING?
You may have heard rumours that under the GDPR it will be impossible to cold-call or send emails to people without their prior consent. This is because article 6.1(a) of the GDPR stipulates that we must have the consent of the subject to process his personal data, namely “the data subject has given consent to the processing of his or her personal data for one or more specific purposes”.
Article 6.1(f) LEGITIMATE INTEREST & THE BALANCING TEST
So, how can we still cold-call and send direct marketing emails under the new regulation if consent is required? Surely this means that direct marketing is dead!
Very importantly, there are exceptions, and with regards to direct marketing, we will operate under that of legitimate interest as laid out in Article 6.1 (f):
“processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data”
Deveo has the right to conduct business under EU law. As a direct marketing agency, our main activity is setting-up teleconferences / meetings between our clients and their prospects. Similarly, our clients have the right to sell their products and services, and market them. Recital 47 on the GDPR stipulates that direct marketing can be a legitimate interest. In December 2017, parts of the forthcoming GDPR were clarified by the EU, and it was confirmed that
“The processing of personal data for direct marketing purposes may be regarded as carried out for a legitimate interest.”
What about the rights and freedoms of the individuals that the GDPR is seeking to protect?
We must also take these into account, so for Deveo this means the people we are trying to contact to arrange meetings or teleconferences with for our clients.
As well as direct legal impacts from using their data, the emotional impact must also be considered. Relevant for us, the GDPR gives these people the legal right to be forgotten, and the right to access the information we hold on them, and change any incorrect information. We inform people of their rights & respect their decisions under every aspect of the GDPR.
So now we can see that both
Deveo has right to run a direct marketing agency,
and people have rights and freedoms regarding the usage of their data.
So how can we know whose rights are greater?
Under EU law, we apply a ‘balancing test’ as laid out in the opinion from the Data Protection Working Party
to assess the impact that Deveo’s actions will have on the individual, and here at Deveo we have applied this test to every type of campaign we run.
DEVEO HAS VERY CLEAR POLICIES REGARDING OUR CALLING AND EMAILING PRACTICES, AND WILL ALWAYS CALL AND EMAIL IN A PROFESSIONAL AND COURTEOUS MANNER.