The General Data Protection Regulation (GDPR) is a hot topic marketing land as the EU will begin enforcing it on May 25, 2018. *It's estimated that no one is prepared.
Implementation of the GDPR does bring to light two issues concerning marketing and data privacy: consent and accountability.
Marketo recently released The GDPR and The Marketer: A Practical Guide for the Marketo Customer. It serves as both an introduction to the GDPR legislation, but also an in-depth guide to how Marketo can help them ensure compliance.
TL;DR a.k.a. a GDPR Summary:
Who does the GDPR affect?
The GDPR not only applies to organisations located within the EU but it will also apply to organisations located outside of the EU if they offer goods or services to, or monitor the behaviour of, EU data subjects. It applies to all companies processing and holding the personal data of data subjects residing in the European Union, regardless of the company’s location.
What are the penalties for non-compliance?
Organizations can be fined up to 4% of annual global turnover for breaching GDPR or €20 Million. This is the maximum fine that can be imposed for the most serious infringements e.g.not having sufficient customer consent to process data or violating the core of Privacy by Design concepts. There is a tiered approach to fines e.g. a company can be fined 2% for not having their records in order (article 28), not notifying the supervising authority and data subject about a breach or not conducting impact assessment. It is important to note that these rules apply to both controllers and processors -- meaning 'clouds' will not be exempt from GDPR enforcement.
What constitutes personal data?
Any information related to a natural person or ‘Data Subject’, that can be used to directly or indirectly identify the person. It can be anything from a name, a photo, an email address, bank details, posts on social networking websites, medical information, or a computer IP address.
*I made that up..but it sure feels like we're all very underprepared.
P.S. Don't forget to mark your calendar for the January meeting of the Austin Marketo User Group on Jan. 24th! GDPR is on the agenda. AMUG Meetup January 2018 - answering this question "What are your GDPR concerns?" will help our fearless AMUG leaders Anthony Figgins and Karen Fowler & speaker the agenda for next month's gathering!