EU Data Protection reform is looming

What’s happening?

You may have noticed some of the blog posts from my peers on the DMA blog about the proposed EU Data Reform. In case you’ve missed them, EU Data Protection Law is changing. The EU Parliament has lined up a series of reforms and it’s proposed they’ll be rolled out in the next 12-24 months, although there’s no set date as of yet.

The reforms will see new rules around ensuring explicit consent is gathered for the collection, storage and processing of personal data; affecting direct marketing and how long you can keep data; introducing a consumer’s ‘right to be forgotten’ and the need to use clear language to explain how you’ll use a consumer’s data.

The changes are backed up by stricter than ever enforcement, in the form of a straightforward complaints process for consumers and large fines, potentially handed out in a ‘guilty until proven innocent’ manner. The financial and legal risk means that this is a topic that can’t go unnoticed; companies must not only start to collect and store data & consent in the right way, but they must be able to access proof of that consent quickly and easily if required.

Why’s it changing?

There are various loopholes in the current ways that the Data Protection Act is enforced. This makes it easier for brands to abuse the system and has seen a rise in the number of data security breaches and the risk to consumers in recent years.

That’s why things are changing; the reforms have been designed to lessen the risk to consumer data both on and offline, and to restore credibility to the Data protection Act.

It’s really important to note that these changes don’t just affect email marketing, but any form of direct marketing you send must abide.

What should marketers do?

This is a lot to take in and isn’t something to be taken lightly. We must all start to prepare for the changes now, by looking at our practices and the software we use to ensure we’re fully equipped for what’s to come.

Carry out an audit to identify what changes you need to make, and start to make them as soon as you can. That way, you’ll avoid finding yourself with difficulties later or, worse, with an endless list of things to do and a looming deadline!

You can do this by staying up to date with EU Parliament news and by looking at the key points of what’s changing. You should start analysing; the data you collect, how you ask for permission, whether or not you have explicit consent for the campaigns you send, how your store the information around that consent and what you could prove if challenged.

The Communicator guide to what’s coming will give you an idea of the kind of things you need to start thinking about, in order to get you and your team geared up for what’s to come.

You can also follow #EUDP on Twitter, which is an industry wide hashtag that’s been adopted by those talking about the changes and will help you keep up to date with any advancements.