The GDPR and Marketing
Background:
The General Data Protection Regulations are in force already and the cut off to implement the changes is May 2018. They extend the Data Protection Act and are more rigorous than the DPA and supersede PECR which regulates electronic marketing which was drafted and implemented before the surge of internet marketing and growth of electronic medium so it is wildely out of date.
Today. GDPR exists to protect all your personal data and to prosecute rogue organisations who misuse your data and so in business if we are using data we must make changes to comply.
So… is electronic marketing dead in the water due to onerous changes we need to make? Will there be a return to snail mail rather than e.g. email or social media? Well, like most things in law its about compliance, reasonableness and proportionality. The law applies to data that can be tracked to an individual, so Google analytics and tracking tools that hold IP Account information and addresses are affected.
A common misconception is it only applies to personal data, however, if you sell B2B it applies to you. Even if you only email corporate addresses the law still applies.
If any law conflicts with GDPR we defer to that law or that it is not relevant yet.
You will not need explicit consent to send a mailer/lumpy mail, letter, brochure or catalogue if it is clear how to stop the mailing, direct mail is allowed under the ‘legitimate interests’ of your business.
Four points about Direct mail
- DM has turned full circle Market Reach survey 87% people said influenced to make a online purchase as result of DM
- A mailer hangs around in a home average of 17 days and 29% people said they shared it with someone else
- 72% of people get less than three pieces of mail a day 70% agreed they get too many emails
- The bigger the mailer the less it is ignored!
Source: SOON it is coming GDPR will affect us all, Limelightdesignandprint.com, 2017
Take Action between now and May 2018:
- Create privacy policy on your website and let prospects and customers know you have one, do not hide it – it must be able to be found and communicated. (Also, part of Data Protection in CSR 26000-2010).
- If you use pre-checked boxes on landing pages, sign up forms then get your IT/Web company to return them to default
- Ask explicitly for permission on web site contact forms, emails, check out and registration pages
- Ensure you don’t rely on the soft opt-in option although this is still allowed
- Existing customers –People have a right to ask you to stop marketing to them so make sure all emails tell people how to opt out and unsubscribe/or use reply: UNSUBSCRIBE
- Check telephone numbers with the Telephone Preference Service if you are calling – https://www.TPSonline.org.uk
- Create and keep a ‘DO NOT CONTACT’ List Keep records of when they gave permission and what they were shown when they opted in e.g. an email trail for registrations and checkouts ‘may’ be enough
- Keep email securely so it can be audited
- Web site security – SSL Certificates and Lock Icon are on secure websites. (Google, October 2017) now show non-secure sites
The BMT centre can assist, if you like to discuss, questions welcomed or limited ‘pro bono’ sessions available call 07939 090 768 or 01473 359 248