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Tuesday, 17 April 2018

GDPR deadline 25 May 2018

Readers of our blog are aware that GDPR (General Data Protection Regulation) comes into force on 25 May 2018 and it applies to the UK even though we are leaving the EU.

In addition, the UK Data Protection Act is due in May as well. The UK version will take precedence over the EU version once enacted into UK Law.

This week we saw an article from the Information Commissioners Office headed "Does GDPR apply to business to business marketing?" The next bit says yes but then defines the filing and storage of business cards.

Clearly if all business to business requires informed consent then the whole of business in the EU may well come to a standstill, our view is that business cards are given either by the person to identify themselves or as a point of contact at say an exhibition or trade fair. By giving the business card voluntarily that person is giving consent for that information to be used or processed.

In all other cases a company has a legitimate reason for using business date for marketing and that does not require separate and informed consent.

However, the marketing company must ensure that any organisation that has unsubscribed must not be contacted. In addition, the TPS list should also be used to make sure that any organisation (or individual is not contacted by phone if they have registered with TPS.

It is not helpful that many providers of GDPR information are unclear about the output of the GDPR and to whom it applies. The amount of misinformation is huge and getting it wrong may result in a considerable amount of pointless work and at the other end leaving a controller or processor liable to swinging fines.

The ICO has not provided the definitive information needed by companies in the UK but will be charged with the role of Judge and Jury for prosecutions.

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