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Home » The New General Data Protection Regulation: Important Information for Effective Preparation

The New General Data Protection Regulation: Important Information for Effective Preparation

February 22, 2018

On 25 May, 2018, the EU General Data Protection Regulation (GDPR) comes into force and replaces the 1998 EU Data Protection Directive and supercedes the 1998 UK Data Protection Act. The new regulations standardise data protection laws throughout the European Union. The document contains a total of 99 articles.

The GDPR applies to all persons, companies, and organisations that collect and process personal data (so-called “controllers” and “processors”). Personal data is defined as all information relating to an identified or identifiable person. This includes not only a person’s name and address, but also, for example, his/her IP address or IBAN. In the context of the GDPR, “controlling” refers to determining the purpose and means of processing personal data, and processing refers to the storage, transfer, or processing of the data.  

We partnered with the Händlerbund, the largest e-commerce association in Europe, to create this whitepaper, in which we present the most important content of the GDPR vis-à-vis email marketing. We’ve prepared this tool to help your business or organisation prepare for the GDPR’s changes to data protection law. Just download our whitepaper, and you’ll be well-informed.

Whitepaper GDPR

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The GDPR and Email Marketing

The privacy and data protection standards in the European Union are already comparatively high, but additional requirements must be heeded within the GDPR’s framework. Under the GDPR, exorbitant fines will be imposed for violations against its data protection laws.

Legal permission or consent from the data subject is necessary to send newsletters or to collect and process the subject’s data. In addition, technical and organisational set-up must meet the GDPR’s terms. Particular attention must be paid to the data processing contract, as well as the technical and organisation measures to ensure IT security.

Legal Security and Generating Addresses for Email Marketing

To send a newsletter, you need the consent of the recipient. To be on the safe side and ensure consistent newsletter distribution, we always recommend a double opt-in procedure. Data protection consent must apply with minimum requirements, which includes, for example, that consent from the addressee must be explicit. The consent must be logged and revocable at any time.

Legal Newsletter Distribution: What You Need to Consider

The specifications of the Telemedia Act will continue to apply to the sending of newsletters. In commercial newsletters, an imprint must be added that offers details about the sender. This information includes both the organisation’s name and address, as well as the name of the organisation’s authorised representative and potentially the supervisory authority. The imprint must also include the registration number and the name of the relevant registry court.

The GDPR is composed of a very comprehensive set of rules with various requirements that affect companies and individuals. We recommend that you seek professional advice to help implement your own processes that are in accordance with GDPR requirements. In our whitepaper, we give you insight into the legal situation.

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