Today, 25th of May 2018, sees the new regulatory framework on data protection take effect. GDPR now applies in all EU countries, even if your country has not yet adopted its national implementation laws to update their data protection authorities powers and provide for national choices (e.g. age of the child) or derogations.
“It offers all of us the greatest opportunity for business transformation in a generation” says FEDMA Co chair Dr Sachiko Scheuing. FEDMA co-chair Chris Combemale agrees; “Organisations must use GDPR as a catalyst towards creating people-centric business models. We must all create ethical approaches that balance innovation and privacy as we embark on a journey into the fourth industrial revolution powered by data and technology. Businesses that make data protection a core brand value in the years ahead will blossom”.
FEDMA actively influenced the evolution of the GDPR text since first drafts were circulated by the EU Commission in 2011 to ensure the right balance was reached between the interests of consumers and organisations. Our advocacy contributed to the GDPR finding an appropriate risk-based approach relying on accountability, which we hope the ePrivacy proposal will follow. Of particular importance to marketers is the clear statement in Recital 47 that the processing of personal data for direct marketing may be regarded as being carried out for legitimate interests. FEDMA has actively been advocating for legitimate interests to be recognised as a legal basis in the ePrivacy proposal.
FEDMA and its DMA network will continue to support business transition in this new data landscape. Many DMAs have developed guidance and trainings. FEDMA is updating, to the GDPR, its Code of Conduct for processing of personal data for marketing purposes and will seek the approval of the European Institutions. This process is the opportunity for FEDMA and its DMA network to sustain a dialogue with the data protection authorities, to drive for more legal certainty and clarity on the GDPR to marketers and to reach for an industry-led enforcement system parallel to the administrative one.