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The General Data Protection Regulation 

Wednesday, 03rd January 2018

The General Data Protection Regulation  Image

The General Data Protection Regulation (GDPR) which introduces new privacy laws comes into effect in May 2018.

This is relevant to us and mostly all other business in Gibraltar (and across the EU). Any business which holds customers’ personal data and is based in or trades with the EU will have to adhere to some very strict rules (Brexit or no Brexit). Fines for non-compliance can be up to €20 million or 4% of the company’s global annual turnover of the previous financial year, whichever is higher. The potential fines are substantial and a good reason for companies to ensure compliance.

What does GDPR actually mean for businesses like ours?  Chestertons was audited by the Gibraltar Regulatory Authority last May and was given a clean bill of health on data protection processes.  However, these new rules will require all of our email marketing communications to be sent out only to those recipients who have opted in to receiving such communications. Despite the fact that each of our newsletters have an unsubscribe facility. From May 2018, this will not be sufficient. We will shortly be asking you to “opt-in” as without your consent, we will no longer be able to send our newsletters to you. 

New clients will also have to actually opt-in, we cannot assume that everyone wants to receive them. Indeed, watching football (as I do) over the Christmas period, it was interesting to note that Manchester United are using perimeter advertising during games encouraging their fans to opt-in to their fanbase email. If they do not opt-in, from May 2018 the wise words of Jose Mourinho cannot be emailed to fans!

Other GDPR requirements include much stricter rules on how personal data is captured, stored and removed. Unnecessary holding of personal data will no longer be tolerated and anyone can request a copy of all data held on them by any company storing data.

Is our industry ready for this? I doubt it. From our perspective, we have a project team tasked with full compliance well ahead of the deadline of 18 May 2018. 

So, when we email you asking you to opt-in to future mailings you will know why!

Contributed by Mike Nicholls