The new EU General Data Protection Regulation (DSGVO) aims to harmonize data protection law within Europe in order to give consumers more control over their data. As of 25 May 2018, the same standards of data protection apply in all EU countries. The main points of the new regulations are outlined below:
- Your data must be kept within the European Union.
- A customer has the right to request the deletion of all data collected by a company.
- The customer has the right to demand that his data be transferred to another company.
- Consent must still be obtained to process a customer’s data.
With the new data protection law, users should have easier access to their data. Everyone has the right to know what data is collected about them. The user may also have clear and understandable information about who processes their data for what purpose, where and when.
The New Minimum Age and Consent
Critics assume that there can be problems because many adolescents will register for social media services without their parents’ consent and thus unlawfully. According to the DSGV, the minimum age for providing a legally valid consent to the processing of personal data is 16. Please note that you must continue to seek consent to process your customers’ data.
European Data Protection Law Binds Even US Companies!
US companies that want to offer their services on the European market must now comply with the European data protection requirements. So far, this has been an argument, and it is only bound to the US standards – however, this will no longer apply from May 2018. What large companies will not like is the future fines for violations of data protection laws amounting to up to 4 percent of the company’s annual sales.
The Transitional Period
Whether you are a critic or an advocate, whether you already use a marketing automation solution or not – in the future you will have to ask your MA vendor if using his solution is legal under the DSGVO changes. Most importantly, you should keep an eye on DSGVO developments as the two-year transition period provides an excellent way to establish processes.
If you have not asked your solution provider for the server location, and are not sure which country your data is stored in, you should find out this information as soon as possible. The personal data of your customers must be kept within the European Union!
The Marketing Automation Club and the DSGVO
See our comparison list for information about server locations. If you are not sure if the Marketing Automation Tool you use is legal from 2018, please contact us. We are happy to help.
Author: Sarah-Johanna Hamera – MAC