I was reading a LinkedIn post (in fact several) by my friend Patrick Kitchell where he made the following statement.
“I for one will ask for my personal data the first day of GDPR”. This got me thinking and now it’s something I will certainly be doing. Will your customers too?
Patrick went onto suggest in terms of the GDPR legislation:
“Why not download a copy and read it? As a person using digital services both paid and free reading the law will help you understand the extend at which our data is being used.”
You can get a copy here.
Patrick also went onto share a few “interesting” clauses from the regulations.
(59) Modalities should be provided for facilitating the exercise of the data subject’s rights under this Regulation, including mechanisms to request and, if applicable, obtain, free of charge, in particular, access to and rectification or erasure of personal data and the exercise of the right to object. The controller should also provide means for requests to be made electronically, especially where personal data are processed by electronic means. The controller should be obliged to respond to requests from the data subject without undue delay and at the latest within one month and to give reasons where the controller does not intend to comply with any such requests.
Here’s some more.
- Where processing is based on consent, the controller shall be able to demonstrate that the data subject has consented to processing of his or her personal data.
- If the data subject’s consent is given in the context of a written declaration which also concerns other matters, the request for consent shall be presented in a manner which is clearly distinguishable from the other matters, in an intelligible and easily accessible form, using clear and plain language. Any part of such a declaration which constitutes an infringement of this Regulation shall not be binding.
- The data subject shall have the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of processing based on consent before its withdrawal. Prior to giving consent, the data subject shall be informed thereof. It shall be as easy to withdraw as to give consent.
- When assessing whether consent is freely given, utmost account shall be taken of whether, inter alia, the performance of a contract, including the provision of a service, is conditional on consent to the processing of personal data that is not necessary for the performance of that contract.
The end of email marketing?
Remember this legislation isn’t just for European residents but anybody selling into Europe.
Certainly, here at DLA, we see that GDPR as pretty ground breaking. So much so, that in fact it does not seem worthwhile to hold customer email data anymore. And that could kill the email marketing market for good.
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