Be Ready for GDPR: Let us check your readiness for General Data Protection Regulation (GDPR) by Punit Bhatia

Author:Punit Bhatia [Bhatia, Punit]
Language: eng
Format: azw3
Published: 2017-08-02T16:00:00+00:00

However, analyzing personal data to make direct marketing offers may not be agreed upon in the contractual agreement and cannot be critical to performing the services agreed to in contract. In this case, explicit consent would be required, unless your organization classifies marketing as a legitimate interest. It remains debatable whether supervisory authorities will accept this such reasoning; but, for now, this can be one such option. Irrespective of what approach you choose, it is important that a decision be made for your organization and that you following the documented approach. Be aware that exceptions to the consent tend to be interpreted very restrictively.

In terms of timing, work on your approach towards consent can start immediately. This is best done by your marketing team in collaboration with key stakeholders. It is likely to be identified as a gap by the business gap analysis, so it’s best to start now instead of waiting for the gap analysis report. This will allow you to save time later.

Pro Tips

Remember that consent can be withdrawn at any time. So, be very sure that your processing can be stopped based on withdrawal of consent.

As consent is withdrawn, you may need to notify a third party processing the data if such processing is outsourced.

Acceptance of cookies is also equivalent to consent. So, review your cookie approach and make changes where necessary.

Even though it is not explicitly stated, you may consider not obtaining fresh consent if you have been compliant with 95 Privacy Directive.

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