GDPR For Marketing : Checklist

Why is GDPR important in marketing?

• Increased Transparency: Companies need to be more transparent about how they use customer data, what they do with it and why. This ensures that customers have more information about how their data is used by companies, allowing them to make better decisions about which companies they trust.

• Improved Privacy and Security: By having clear rules on how data can be used, companies can better protect customers’ personal data. This forces companies to ensure that their systems are secure enough to protect this information from hackers and other malicious actors.

• Building Trust: Customers are more likely to trust companies that comply with GDPR rules because they know their personal data is legally protected. This trust makes it easier for companies to get people interested in their products or services by building a bond of trust.

• Increased Accountability: GDPR ensures that companies do not collect or use more information than necessary to provide their service. This means that companies cannot haphazardly collect data from everyone who signs up for their services. When violations occur, companies are held accountable.

How is GDPR affecting digital marketing?

• Legal processing of data: GDPR allows companies to process users’ personal data if they have one of six legal bases, such as consent, contract, legal obligation, legitimate interest, vital interest, public duty or legitimate interest for marketing purposes.

• Marketing Consent: GDPR requires explicit consent from customers to use their personal data. Without consent, personal data cannot be used in digital marketing strategies.

• Rights and management of data: GDPR grants users various rights over their data, such as the right to be informed, access their data, request rectification of inaccurate data, the right to be forgotten, and the right to object to the processing of their data.

• Contextual ads: GDPR brings changes to the ad industry, particularly in contextual ads that target users’ content and searches, rather than their profiles.

• Email marketing: GDPR requires explicit consent for email marketing. Marketers should also offer an opt-out option even if someone has already given consent.

What digital marketers don’t like about GDPR:

• Cost of GDPR compliance: Complying with GDPR laws can have significant costs, depending on the type and amount of personal data being processed.

• Time to implement GDPR: GDPR compliance can be complex and time-consuming, requiring marketers to redefine their strategies as their brand grows.

• Cost of non-compliance: Fines for violating GDPR can be significant, up to 20 million euros or 4% of an organization’s global annual revenue for the previous year.

• Too much/too strict regulation: Some marketers find it difficult to accept that the government is trying to regulate them, believing that excessive regulation can hinder their creativity and innovation.

Checklist for GDPR compliance in marketing:

1. Database audit: Identify all personal data in your database, where it comes from, how it is used and where it is stored.

2. Define and establish your legal processing: Define what type of business you run/represent, how you process personal data and what processing activities you perform. For marketing, the legal basis for data processing will likely be legitimate interest or consent.

3. Consent: Make sure you have valid consent for each use for which you need consent and that it is specific enough to cover all your uses.

4. Opt-in and opt-out for emails and forms: Make sure you have an opt-in and opt-out system for newsletters, email subscriptions, online forms and any other place where you collect data.

5. Update privacy policy: Update your privacy policy with information about how you will use customer data, who has access to it, including third parties such as advertisers, and what happens if someone wants to remove their data from your database.

6. Use advertising cookies with permission: If you use advertising cookies, they must be accompanied by user consent.

7. Improve data management system: Make sure you have a well-documented and secure data management system. User rights should be clearly stated, and users should be able to exercise their GDPR rights over data at any time.

8. Review of external vendors/services: Regularly review the privacy policies and contracts of outside vendors or services to ensure they are GDPR compliant.

9. Document everything: Document your processing methods and every step you took when auditing your website as proof of GDPR compliance.

What happens if you fail to comply?

If you fail to comply with GDPR requirements, you could face fines of up to €20 million or 4% of your annual turnover, whichever is higher. Need help implementing GDPR? Then don’t hesitate to get in touch, or take advantage of 1 of our GDPR Subscriptions!

Conclusion:

GDPR is a complex set of rules, but it is not impossible to comply with. With the right preparation, you can ensure that your marketing strategy reaches its potential. In the long run, the GDPR will help all marketers find new ways to connect with customers through personalized content.

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