On Wednesday 10th October, we hosted a panel discussion in Dublin Institute of Technology to look at GDPR’s impact so far, who is benefiting from it, how it is being implemented and why it should still be on marketers’ list of priorities. Here is the presentation from Robert Dunne, barrister specialising in data protection and employment law.

1. GDPR –Marketing’s
Millenium Bug?
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3. DPC
• Speaking on 20th May, the DP Commissioner
described the 25th May as “terrifying and
exciting”.
• In describing the new much increased level of
fines, she described them as necessary to
“grab the attention of industry”.
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5. DPC
• Budget has quadrupled recently to €15.2
million for 2019 (was €1.5m in 2012);
• Recruit 45 new staff, Dublin office;
• 180 staff by 2019.
• Ireland has been criticised for “soft
touch”;
• Claim it is linked to our draw of multi-
national IT service providers;
• There will be stricter enforcement.
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6. Direct Marketing Prosecutions
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7. GDPR affect for Direct
Marketing
• Not just big companies fined in 2017.
• Furniture store, medical centre, Expert Ireland
Retail, Guerin Media, Argos, Virgin (again).
• All fines in Ireland have been in District Court,
capped at €3,000 per offence.
• In 2010 Germany imposed fines of E500,000 on
six companies for unsolicited marketing calls.
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8. GDPR affect for Direct
Marketing
• Common misconception that big data (facebook
google) will be the targets.
• Not the case – there is a separate multinationals
division in the DPC for big data companies.
• Complaints unit is separate and DPC must
investigate every complaint.
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9. Why this change matters
• In 2011 EU survey, only one-third of
Europeans were aware of the existence of a
national public authority responsible for data
protection. (i.e. DPC)
• 2600 complaints in 2017…1,700 since June.
• Greater the awareness of data protection
law = greater the number of complaints.
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10. Administrative Fines
• Fines no longer decided by a Judge (or in the
District Court).
• The Data Protection Commission decide.
• As all EU law is now standardised the level of
fines will have to be equal to European
standards.
• So, what are other EU countries’ fine levels?
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11. EU Fines –UK Comparator
• In October 2018 alone UK has fined:
1. Heathrow 120,000;
2. A Manchester marketing company Oaklands
assist: 150,000 for one thousand marketing
calls;
3. A funeral planning website: 90,000
• In September 2018:
1. Equifax: 500,000
2. AMS Marketing: 100,000
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