News & Events
#021 – How Will GDPR Affect Marketing Your Business
- 13th December 2017
- Posted by: Nicky
- Category: Episodes
We’re delighted to welcome Mark Gracey here to today’s podcast and he’s going to talk to us all about GDPR, which is General Data Protection Regulation and how GDPR affects marketing. Now, I expect a lot of listeners have heard about this now, and certainly in the New Year, I’m sure we’re going to hear an awful lot more. So, Mark, hello. Would you like to tell listeners who you are and how you got into the world of data compliance?Download transcript 390kb
©The Marketing Menu 2017. All rights reserved.
Hello, my name is Mark Gracey. I run a business called Flavourfy Digital. I help businesses look at their data protection, their marketing compliance, and their data security. And data protection is something that I’ve been involved in from the days of when the 1998 Act became law in the UK.
So I guess the first question is, what is GDPR?
- So, GDPR is a new piece of European legislation that will apply to the UK despite us leaving maybe in the next couple of years. It updates the law relating to the management of data and personal data that helps you identify an individual.
So why was it brought in? Was it felt that stricter guidelines were needed?
There are essentially two reasons why it was brought in. One was bringing it up to speed with the changes, in particular, digital and services that we’re all used to today which didn’t exist in 1995 when the last piece of European legislation in this area came about. But also, the past legislation has been implemented in different ways across Europe and that meant that the guy in Germany would know what would happen to his data in Germany, but that might be different if it was being processed in France or England, for example. The GDPR is a blanket coverage for the whole of Europe. So, therefore, the guy in Germany will now know that his data should be treated with the same responsibilities in UK, France or wherever.
Wow. So we’ve got a lot of listeners who are running their own business. How will GDPR affects marketing a small business?
Well, unfortunately, data protection applies to all businesses. So it doesn’t matter if you’re a one-man band or a global corporate – data protection rules still apply.
So can you explain how GDPR is actually going to affect marketing practices in particular? I’m thinking here that there may have been a little bit of confusion over, say, going to a networking event, collecting someone’s business card, then adding them to the MailChimp account and sending them an email. I think a lot of people are worried that the marketing of their business is going to be dead in the water after this. So, is there a bit of confusion? I think that just needs a bit of clarification and understanding from a GDPR perspective.
Yes, there is a lot of confusion here and that’s partly because there are other regulations that apply. So one of the key things that’s changing that a lot of people are really focused on is the rules around collecting consent for the purposes of processing and that’s very important if you’re collecting prospect data for marketing purposes. But in a world of marketing compliance, it’s partly about data protection and protecting that data that you’re managing but it’s also about privacy regulations, which control how will you use that data in an electronic marketing perspective. So your guys who are collecting data from business cards at an event and then adding it to their MailChimp mailing list aren’t probably as impacted as a lot of people might think because of the privacy rules that actually allow you to do that. It’s only if you’re dealing with consumers or, unfortunately in the business world, sole traders who are treated as consumers, where you wouldn’t need to get consent but a limited business handing you a business card, you can market to them. And we just need to provide an opt-out
So just to be clear GDPR doesn’t necessarily relate to what we may call good marketing practice. In essence, there are two separate areas?
Good marketing practice, I think, probably covers a wide range. You have the data protection rules, particularly if you require consent, and you have the privacy rules which dictate how you can process or manage that data for the purposes of electronic marketing. Then you’ve got other kinds of best practice around whether people will expect you to be communicating with them and whether they’d be a bit annoyed if you did but, from a legal point of view, it’s a mix of data protection and privacy.
- So perhaps this is a good time to remind listeners that you are listening to The Marketing Menu podcast which is brought to you for free every fortnight on a Wednesday via iTunes, Stitcher, Blubrry and TuneIn and you can download directly from our website at themarketingmenu.com.
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So, just to recap then, Mark, in many respects the marketing element versus GDPR has probably got a little bit confused. Can you just give me an understanding of what the wider concepts of GDPR are?
Yeah, sure. So, GDPR has ramifications for marketing people but, in a general everyday sense, it covers every aspect of management and processing of personal data. So that’s data that identifies your customers, your clients, your employees, or any other individual -it’s not just about consent and marketing. Data protection has much wider ramifications for business. It’s about everything that you do with personal data. So if you have data that identifies an individual, be it a client or an employee or a potential customer, that data is protected by data protection and therefore GDPR applies. So there are much wider ramifications for businesses than just the marketing aspects and businesses need to think about the security of that data, how they use that data and how will they also meet the requirements of the rights of the individuals whose data it is. The big key thing about GDPR is it’s about accountability. Can you as a business demonstrate your compliance?
So you’ve got some top tips for listeners, haven’t you, in relation to marketing?
Yeah. So in a general data protection sense, I would say that if you can identify somebody within your business who can take responsibility and ownership of data protection & compliance, that person can then perhaps look at your business and what data you have in your business and how it needs to be changed or your processes might need to be changed to meet that base protection compliance, document everything because that meets the accountability principle of being able to demonstrate your compliance, train and educate your staff so that they understand and how they can help your business be compliant. And finally, keep an eye on everything that’s changing. There’s lots going on in terms of data protection but also in a marketing world, we’re expecting the new privacy regulations that will perhaps change some of the rules around electronic marketing or have a wider scope. And from a marketing point of view, have a look at what data you have, does it need to change, are you impacted by the changes in consent? And then also look at what those content changes need to be and how you implement that on the data that you’ve already got as well as how you go forward collecting it.
Wow. I’m a lot clearer now, so thank you. And I’m sure our listeners are too. Just to point out, it is necessary for businesses to register with the ICO which I think a lot of people don’t do.
Yes. So there is a requirement and even in GDPR terms of going forward, in a GDPR world, there will be a requirement to be registered if you are processing data and that’s essentially a registration that declares the purpose, you process data and that registration fee is actually the thing that funds the regulator, the ICO.
Yeah, but I think it’s about £35 a year at the moment.
At the moment, but they’re talking that that whole funding mechanism might change. So it might go up.
- Can we just clarify what ICO stands for?
ICO is Information Commissioners Office. The Information Commissioner is responsible for upholding data related regulation and that’s primarily data protection and privacy regulations and also freedom of information.
So are there any other websites or information that you can direct our listeners to? Obviously, there’s your own website, http://www.flavourfydigital.co.ukwhere people can find out more about digital compliance and you’re very active on the speaker circuit?
I do quite a lot of talks to groups and business, business owners and business groups but I’m also running a number of webinars myself through the Digital Compliance Hub at digitalcompliancehub.co.uk you can find out about some free webinars, some of them are paid, but you can get access to talks to understand some of the intricacies of data protection in general. If you’re looking for a resource as well as my Digital Compliance Hub service. The Information Commissioners offices and our website is also a good resource http://www.ico.org.uk they have a wealth of information. Obviously, it comes from a regulators point of view rather than somebody’s helping who specifically, but they’ve got a great support mechanism in place. And then they’ve just recently launched a small business helpline as well.
I checked the other day, actually. They had a 12 point check sheet for you to go through and things of that nature, very useful. So do pop over there. So, listeners, I’m sure you’ll agree that was a very fascinating chat. Thank you very much, Mark. It’s important perhaps that we mention that we do put a transcript of this podcast on our website if people wish to download that, that will be available on www.themarketingmenu.com.
Now, listeners, we’re taking a little break for Christmas and we’re going to be back on Wednesday the 3rd January kicking off the New Year in great style. Liz, what are we going to be talking about?
We talked about this a little in a previous Q&A podcast, didn’t we?
We did indeed and we thought listeners might like to us to go into more detail about how using videos can really boost the marketing message.
And we’ll have a very special contributor – our own audiologist, Andrew Plant, will be joining us so he’ll be able to give us the low down on the technical side of making videos.
So until then, we wish you a very Happy Christmas, listeners, and thank you for your support during 2017. It’s been a thrilling year for us with the launch of The Marketing Menu and we’re looking forward to some great new opportunities in 2018.
And just as importantly, we look forward to helping you, listeners, create a successful business in 2018 too.
So it’s goodbye from all of us. Goodbye.
©The Marketing Menu 2017. All rights reserved.