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GDPR: The most frequently asked questions, one year after | Lex4u & Qualifio

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Whether you are a digital marketer, data protection officer, data analyst or CRM manager, the GDPR regulation has certainly had an impact on the way you do marketing. A year after its implementation, you are certainly still asking yourself questions.

How to obtain formal consent? To whom can you send commercial suggestions? Can collected data be reused? In this webinar, Adeline Balza, Lawyer at Belgian firm law Lex4u, and Tabata Vossen, Product Marketer at Qualifio, answer the most frequently asked questions by marketing about the GDPR.

Published in: Law
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GDPR: The most frequently asked questions, one year after | Lex4u & Qualifio

  1. 1. ● Introduction: the fundamentals ● The 10 questions for marketeers, 1 year after ● To go further ● Q & A Content
  2. 2. Introduction The fundamentals
  3. 3. What is personal data? Example: a name, a number, an email address, location data, etc. ANY information relating to an identified or identifiable NATURAL person. “
  4. 4. Data processing basics Consent Legitimate interest Contract Legal obligations Vital interests of the data subject Public interest
  5. 5. 10 questions for marketeers, 1 year after
  6. 6. Question 1 How to obtain consent? “
  7. 7. How to obtain consent? Consent must be expressed by simple and specific means. It must be: ● Freely given ● Specific ● Informed ● Unambiguous
  8. 8. Question 2 How to send commercial solicitations electronically, without violating privacy rights, in a B2C relationship? “
  9. 9. How to send commercial solicitations electronically, without violating privacy rights, in a B2C relationship? ● The controller needs the prior consent of the consumer to receive such messages (opt-in). ● The data subject can retrieve his consent anytime ● The controller is required by the GDPR to provide clear information for both commercial and other forms of direct marketing.
  10. 10. How to send commercial solicitations electronically, without violating privacy rights, in a B2C relationship? Postal & Telephone = not necessary to obtain consent, as long as the person has not exercised his or her right to object. Digital = need to obtain consent.
  11. 11. How to send commercial solicitations electronically, without violating privacy rights, in a B2C relationship? What uses should be excluded in commercial prospecting? Avoid collecting email addresses of individuals on websites or discussion forums. Do not, NEVER, pre-ticked opt-in boxes. Never make access to a service or the purchase of a good conditional on the acceptance.
  12. 12. Question 3 And in a B2B relationship? “
  13. 13. How to send commercial solicitations electronically in a B2B relationship? ● Prior information is required ● Right to object (and it has to be simple and free) ● The subject of the solicitation must be related to the profession of the data subject.
  14. 14. How to send commercial solicitations electronically in a B2B relationship? Can we still send marketing emails to info@, contact@ addresses? YES - They are not personal data. Except if... The address contains the first and last name of the professional.
  15. 15. Question 4 In which cases you do not need to obtain consent? “
  16. 16. In which cases you do not need to obtain consent? If... ● Business email address ● Message subject is related to the profession of the data subject If... ● Similar products or services have been acquired previously from the same company B2B B2C But… ● Information of the data subject ● Right to object
  17. 17. Question 5 Is it allowed to reuse collected data for purposes other than those for which they were initially collected? “
  18. 18. The purpose of data processing No 1 consent ↔ 1 purpose (consent is specific) Examples: Subscribe to a newsletter VS Receive offers from partners VS processing of data in the context of an online contest ...
  19. 19. Question 6 Can I transmit the collected data to business partners? “
  20. 20. Can I transmit the collected data to business partners? ● The person must give his or her consent before any transmission to partners. ● Information about the identity of the partners must be provided to the data subject. ● The person must be informed of changes and modifications to the list of partners, in particular when it comes to the arrival of new partners. ● The consent that the company has obtained to collect data on behalf of its partners is only valid for the latter. Yes but..
  21. 21. Can I transmit the collected data to business partners? Some essential information needs to be provided ● The name of the company that transmitted the data to the partners ● The identity of the partners and an updated list of them The purposes of the processing ● The rights of the data subjects. The right to object shall be exercised either with the partner or with the company initiating the initial collection of data.
  22. 22. Question 7 What about Switzerland, the USA and Brexit? “
  23. 23. What about Switzerland, the USA and the UK? Central point of the GDPR = the individual, the European citizen. ...Therefore, the GDPR also applies beyond the EU, when the processing of personal data concerns an EU resident.
  24. 24. Switzerland Adequacy decision = a third country provides a comparable level of protection of personal data to that in the European Union Third countries that are concerned: Switzerland, Andorra, Argentina, Canada, the Isle of Man, Guernsey, Israel, Jersey, New Zealand, Uruguay and Japan. What about Switzerland, the USA and the UK?
  25. 25. The United-States No general data protection law but a self-certification mechanism, better known as Privacy Shield. Privacy Shield = "partial" adequacy decision because data transfer is only facilitated for companies that are committed to the principles of this Privacy Shield. July 2018: the European Parliament discredited this system. What about Switzerland, the USA and the UK?
  26. 26. The UK (and the Brexit) ● If the agreement with the EU is approved: There will be a transitional period of 2 years. ● If no agreement: the UK will be considered a third country from the 1st of November 2019. What about Switzerland, the USA and the UK?
  27. 27. Question 8 What about GDPR and social media marketing? “
  28. 28. GDPR and social media marketing Collecte through a Facebook page Wirtschaftakademie: the page owner is co-controller The use of publicly available data (and the example of election propaganda)
  29. 29. Question 9 Quick update on Security and Data Retention: what are the best practices? “
  30. 30. Data security and retention Physical security = locked closets. IT security Security passwords (regularly changed) & a unique identifier per person.
  31. 31. Data security and retention
  32. 32. Question 10 What about the Status of sanctions? “
  33. 33. What about the sanctions’ status? The French Data Protection Authority sanctions both large companies, such as Google and smaller ones, see the example of Grand Optical. Examples: ● Google: fined €50 million for its lack of transparency and information. ● Real estate: approached owners of real estate properties for sale by phone message without their consent. ● Facebook: £500.000 in the UK, €10 million in Italy, a bit more than a million euros in Spain, €150.000 in Belgium and France.
  34. 34. Bonus Question 1 How to process information retrieved during events? “
  35. 35. How to process information retrieved during events? ● Retrieval of the list by the speaker ● Mobile apps ● Trade Show
  36. 36. Bonus Question 2 What will happen in terms of GDPR and e-Privacy in the future? “
  37. 37. What will happen in terms of GDPR and e-Privacy in the future? ● New sanctions, especially in Belgium; ● Extend international trade with new agreements of the same type; ● E-privacy Regulation Proposal concerning the protection of personal data and privacy in the electronic communications sector.
  38. 38. Bonus Question 3 How to motivate consumers to share their personal data? “
  39. 39. How to motivate consumers to share their personal data? ● Monetize the sharing of personal data. ● Privacy policy: clear & transparent information.
  40. 40. To go further
  41. 41. The Qualifio platform CREATE PUBLISH COLLECT DATA GET RESULTS SEGMENT & MONETISE
  42. 42. The GDPR Toolbox Goal: give the DPO a total control over any data manipulation within Qualifio ● Erasure ● Export ● Data protection texts ● Logs ● Advanced management of access rights ● ...
  43. 43. Additional resources qualifio.com/blog
  44. 44. Lex4u: experienced GDPR tutors All our courses can be organised via Webinar or in your offices Feel free to contact us: info@lex4u.com
  45. 45. Adeline Balza info@lex4u.com Tabata Vossen tabata@qualifio.com

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