Is GDPR going to affect us?
- Thread starter gnr993993
- Start date
- Sep 17, 2008
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Yes, anyone involved in email marketing will have new hoops to jump through, it should (although it probably won't) make it harder for the less ethical emailers to "unearth" personal information and it could be much harder for advertisers.
It could become harder to track users on your website and many other things. The EU has a track record of creating monsters and not really giving a shit how it affects people.
Have you ever noticed those annoying fucking cookie warnings on sites? Thank the EU.
Ever wondered why Media Player is removed with every new windows update on EU / K / N based installs of Windows? Thank the EU
With GDPR you will see privacy policies up front and centre in marketing emails and more prominently on websites, there will be more checkboxes and confirmations and other smaller inconveniences for users. For developers and business owners there will be plenty of legalities to consider and more.
This is not something that will only affect big businesses within the EU, this will affect users and smaller developers within the EU and any company in our industry that deals with information within the EU. This could actually force a lot of worldwide services to have to change which could ultimately fuck over the services and businesses that rely on those services.
It could become harder to track users on your website and many other things. The EU has a track record of creating monsters and not really giving a shit how it affects people.
Have you ever noticed those annoying fucking cookie warnings on sites? Thank the EU.
Ever wondered why Media Player is removed with every new windows update on EU / K / N based installs of Windows? Thank the EU
With GDPR you will see privacy policies up front and centre in marketing emails and more prominently on websites, there will be more checkboxes and confirmations and other smaller inconveniences for users. For developers and business owners there will be plenty of legalities to consider and more.
This is not something that will only affect big businesses within the EU, this will affect users and smaller developers within the EU and any company in our industry that deals with information within the EU. This could actually force a lot of worldwide services to have to change which could ultimately fuck over the services and businesses that rely on those services.
ExperimentalSEO
Regular Member
- Mar 1, 2018
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The law is great for services and people in the US since you can ignore the law and have advantage over the people required to follow it.
jazzc
Elite Member
- Jan 27, 2009
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Exactly. In their effort to bite FB and Google, they just made all EU businesses hugely disadvantaged.
- Sep 10, 2010
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Ofcourse, if all of them did not specifically want to receive your newsletter (that too, on the topic that they wanted to get newsletter)..
Mediawiz
Regular Member
- Apr 19, 2016
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Without opt-in it is already.
- Apr 25, 2011
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It’s just the data protection act revamped for digital.
If you are doing non optin marketing then you were already contravening the data protection act, now you’ll be doing the same with gdpr.
If you are doing optin then you just need to make sure your contacts are all opt in, that you are storing and using them within the agreed terms from when they signed up. You need to make sure you are not holding details for any longer than required and also that you don’t hold any more information than is required.
You also need to make sure your processes are transparent and that you make it easy for those who you hold data on for them to request removal.
If you are using a third party such as mailchimp just make sure they are compliant with gdpr and you should be ok (note that you are not exempt from gdpr just because you don’t personally hold data, it’s your responsibility to confirm that the partners you work with are also compliant).
If you are doing non optin marketing then you were already contravening the data protection act, now you’ll be doing the same with gdpr.
If you are doing optin then you just need to make sure your contacts are all opt in, that you are storing and using them within the agreed terms from when they signed up. You need to make sure you are not holding details for any longer than required and also that you don’t hold any more information than is required.
You also need to make sure your processes are transparent and that you make it easy for those who you hold data on for them to request removal.
If you are using a third party such as mailchimp just make sure they are compliant with gdpr and you should be ok (note that you are not exempt from gdpr just because you don’t personally hold data, it’s your responsibility to confirm that the partners you work with are also compliant).
gnr993993
BANNED
- Dec 16, 2016
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Thank you very much.
What do you think, how does affiliate websites such as Amazon/Clickbank/other cpa websites are going to be affected by this?
I don't think they have any way to track all their affiliates that they are gdpr compliants, Is affiliate marketing going to be illegal?
- Apr 25, 2011
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You only need to know about people that are managing your data on your behalf - if they store personally identifiable information of your clients on your behalf, then you need to make sure they comply with gdpr.
So mailchimp is a good example.
Amazon affiliates, no; because you are just passing a lead on to them, they are not storing the details on your behalf, once you pass the lead on they own it.
Anyway, all the big companies are already acknowledging and complying with gdpr -
https://aws.amazon.com/compliance/gdpr-center/
http://www.clickbank.com/static/pdf/CB-GDPR-Guide.pdf
What it does mean is that EU law will have more powers to prosecute people and businesses that are breaking the law - because there is more documentation about digital information storage and thus more points of law to challenge on.
However, I think it will be a very gradual process in reality - a bit like ipv6
Think about how long it’s taken just to acknowledge digital forms of data storage, let alone prosecuting on these new guidelines.
- Sep 17, 2008
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You only need to know about people that are managing your data on your behalf - if they store personally identifiable information of your clients on your behalf, then you need to make sure they comply with gdpr.
So mailchimp is a good example.
Amazon affiliates, no; because you are just passing a lead on to them, they are not storing the details on your behalf, once you pass the lead on they own it.
Anyway, all the big companies are already acknowledging and complying with gdpr -
https://aws.amazon.com/compliance/gdpr-center/
http://www.clickbank.com/static/pdf/CB-GDPR-Guide.pdf
What it does mean is that EU law will have more powers to prosecute people and businesses that are breaking the law - because there is more documentation about digital information storage and thus more points of law to challenge on.
However, I think it will be a very gradual process in reality - a bit like ipv6
Think about how long it’s taken just to acknowledge digital forms of data storage, let alone prosecuting on these new guidelines.
FYI Mailchimp is already GDPR compliant. My wife was looking into a new mail provider that would be compliant and they were on the list, the one her company uses currently is not so they have to move away. It is things like this that will force US companies to either accept it or lose a chunk of their customers.
With my business I would say about 25-40% (probably about 33% overall) of my customers are EU based and would imagine it was similar for a lot of other companies.
I don't see this being a slow roll out at all as there are huge fines for companies that operate within the EU and are not compliant, EUR 20million or 4% of annual turnover whichever is highest.
The EU has shown to be very keen on fining companies without any regard for anything else so I can imagine they already have a hit squad out looking for their first victims.
@jazzc - any company that operates within the EU will have to abide by these laws. Google, FB and pretty much every other major organisation already does so they will be required to abide by this whether they store their data in the EU or not.
The only way for a company to skirt these laws and get away with it is if they are incorporated outside the EU, keep their data outside the EU and don't intend on dealing with companies within the EU. Any company within the EU will have to ensure that any partner company that handles any amount of customer information will abide by the GDPR rules (with regards to information, where it is stored and how it is handled). So in essence there are ways that companies will be able to ignore this if they are outside the EU but in a lot of cases it will result in a drastic reduction in that company's potential for earning money and that will likely drive the rest of the world to simply accept this
- Apr 25, 2011
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Good point. I think enforcing and regulating it will be another challenge though.
Unless you either get an audit, or fail miserably to respond to a request from someone whose data you hold, then how are they going to pull you up?
Different if you are a large corporation because you have much greater exposure, but not so much for smaller companies, sole traders etc.
- Apr 25, 2011
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All I’m saying is that it shouldn’t be that hard to comply with gdpr - it’s just sensible data processing.
- Sep 17, 2008
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This is true, the EU likely won't have any recourse for penalising a corporation outside of the EU. I think the effects outside the EU will be more along the lines of ruining business relationships with companies within the EU or with relationships with companies within the EU.
I hope that it becomes a largely toothless law but with 20million EUR fines up for grabs you can bet the EU will be pursuing these fines wherever they realistically can.
gnr993993
BANNED
- Dec 16, 2016
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What is SMB ?
bardour
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Small and Medium-sized business
ExperimentalSEO
Regular Member
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If you don't have any physical presence within the EU you can ignore EU law and nothing will happen.