Do you have European constituents in your databases?
If so, there are new laws that may apply to your organization called the GDPR or General Data Protection Regulations. And if you think they don’t apply to you because yours is a U.S.-based organization, keep reading because they do.
Before we dive into what GDPR is all about, let me point out that I am not a lawyer. My interpretation of GDPR should be considered with that in mind. That said, much of what is outlined here jibes with what we’re hearing from various experts.
What is GDPR?
The General Data Protection Regulations (GDPR) are laws designed to make sure people have control over their personal information and what it is being used for. The laws cover how people are informed of how the data is used, how they consent to its use (or limit use), the right to “be forgotten”, to export their data, and to seek damages if they suffer from misuse or breach of their data. It means that organizations need to receive explicit permission to store personal data, store it responsibly, and be transparent about how they are storing it.
What qualifies as "personal information"?
- Email addresses
- IP addresses
- Identification numbers
- Biometric identifiers (fingerprints, iris patterns, DNA)
- Physical or physiological attributes
- Medical/health information
- Website cookies
Who does this affect?
- GDPR will affect any organization that:
- Collects personal data or behavioral information from a citizen of the European Union (EU) for any purpose, whether that be membership, advocacy, fundraising, programs, marketing or even HR if you have EU employees;
- Targets a person in an EU country - e.g., marketing in their language and references specific to EU residents;
- Accepts currency of an EU country;
- Has a domain suffix of an EU country.
Who is not affected?
- Organizations who do generic marketing that an EU citizen randomly happens to see sees (e.g., an online ad or a website they come across using a search engine) – so you’re not deliberately targeting them…
- English-language web sites or ads written for U.S. consumers or B2B customers that an EU citizen sees
What happens if you can't meet the deadline?
- Fines up to 20M Euro or 4% of global annual revenue
When does this go into effect?
- May 25, 2018
How will the laws be governed?
It’s our understanding that an organization could be audited. I do not know what the likelihood or basis for the audit would be – but I imagine something like a high incidence of consumer complaints could kick one off. It would also be a reasonable expectation that high-profile companies and NGO’s could be in the auditor’s radar.
What do we do now?
Due to the potential for serious fines and penalties, we recommend that all organizations – even those that are U.S.-based and deliver services only in the U.S. – should conduct an assessment of their own data processes to identify if GDPR applies to them.
The first step is to determine whether someone in your organization has the responsibility for data protection (e.g., CIO). If so, touch base with them and see if this is on their radar and what their plan is. If there is no one specifically responsible for data protection at your organization, reach out to senior leadership and make sure that GDPR is on their radar. These new regulations go into effect in only a few months, so time is of the essence.
The next step is to do an assessment on what you have today and how well it’s meeting the GDPR regulations:
- Data (what do we have, where is it, who has access to it, etc.)
- Security (how are the databases protected, what are our procedures, etc.)
- Contracts (with third-party vendors who have access to or process the data)
- Privacy policies
- Cookie policies
Once you have your arms around what you have now and where you are not meeting GDPR regulations, you can make a plan for what needs to change.
Want to learn more?
We’ll be breaking down what GDPR means for your website and digital marketing in future blog posts. For example, the do’s and dont's of consent, GDPR and cookies, and what this all means for analytics. In the meantime, here are some third-party resources that I have found particularly useful.
- GDPR legislation published in the Official Journal of the European Union
- Guide to General Data Protection Regulation (GDPR) created by the Information Commissioner’s Office, an independent authority in the UK
- GDPR: The Essentials for Fundraising Organisations from the Institute of Fundraising
- GDPR Spotlight on Fundraising from the Institute of Fundraising
- Data Governance for GDPR Compliance: Principles, Processes, and Practices, a white paper by Microsoft
Articles and blog posts with advice/guidance:
- How Axel Springer is getting consent for GDPR by Digiday
- What is the GDPR? And What Does it Mean for the Marketing Industry? by HubSpot
- EU Clamping Down On Data Use For Marketing by The NonProfit Times
- GDPR Consent or legitimate interest? Email marketers need both from the Direct Marketing Association UK (You can also find their full list of GDPR resources and content here.)
- Sample Internal Briefing document from MobLab, shared by Ted Fickes
This is the first blog post in our GDPR series. Read the next post in our series, GDPR & Cookies (with Milk!).