Organisations are at a place where opportunity beckons but, all too often, the gesture is obscured by the confusion that surrounds data compliance. Instead of seeing the benefits that can be found in the regulations, such as the General Data Protection Regulation (GDPR), that are being introduced, companies take a retracted view that turns inward, seeing only where these policies cause hindrance rather than the value they can add.
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Preamble
Organisations are at a place where opportunity beckons but, all too often,
the gesture is obscured by the confusion that surrounds data compliance.
Instead of seeing the benefits that can be found in the regulations, such as
the General Data Protection Regulation (GDPR), that are being introduced,
companies take a retracted view that turns inward, seeing only where
these policies cause hindrance rather than the value they can add.
Gartner predicts that by 2020 more than 40 per cent of all analytics
projects will relate to an aspect of customer experience and with Forrester
forecasting that by the same year we’ll be producing 44
zettabytes of data per day, it is vital that technology be
drafted in to ensure it is managed efficiently and
compliantly.
It is here that the opportunity lies: responsible
management and storage of data should not be seen as
a tiresome administrative exercise but rather your
company demonstrating its commitment to the clients
it serves, which will not only keep your organisation
compliant but also build trust and loyalty that leads to
bottom-line growth. And where 83 per cent of clients
feel positive about a business that puts to good use the
information and data they hold on them, it’s difficult to
ignore in our omnichannel world.1
1
Thunderhead, Engagement 3.0 research
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The regulatory
climate
The
GDPR
Whether they realised it or not, most organisations were caught in the regulatory
hurricane that swept across the digital landscape in May, 2018. Despite early warnings,
the GDPR exposed many businesses, leaving them out in the open, underprepared and
shelterless. The data protection regulation applies to any organisation that collects,
stores or uses the personal data of EU citizens. Put like that, it seems straightforward
but the reality is somewhat different. According to a Deloitte survey, ahead of the May
deadline, only 15 per cent of those questioned expected to be fully compliant, with a
staggering 62 per cent opting for a ‘defensible’ position. And this after its
announcement two years prior.
However, there is light as the storm abates. 61 per cent of those who responded to
Deloitte could see further benefits of remediation activities beyond compliance,
offering the ideal opportunity to view privacy as a business enabler.
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The GDPR
and the UK
The GDPR made landfall in Europe on the
25th
May, 2018. With it came the update
to the UK’s own Data Protection Act to
reflect the regulatory changes within the
European Union (EU) and the European
Economic Area (EEA).
Elizabeth Denham, Information
Commissioner, Information Commissioner’s Office (ICO) said of the Act: ‘The creation
of the Data Protection Act 2018 is not an end point, it’s just the beginning, in the same
way that preparations for the GDPR don’t end on 25th May 2018. From this date, we’ll
be enforcing the GDPR and the new Act but we all know that effective data protection
requires clear evidence of commitment and ongoing effort.’
THE GDPR on
the global stage
With the threat of crushing fines, potentially four
per cent of global turnover or €20m, whichever is
greater, the task of rectifying the failure to comply
and reputational damage, the GDPR has really
made organisations sit up and pay attention – and
this extends far beyond the EU and EEA.
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In the first instance, the personal data of European citizens handled by organisations
in countries outside of the regulated zone must still comply with the laws or face
penalties. Furthermore, some countries are looking to the GDPR as a standard of
excellence that they can adopt.
According to Professor Graham
Greenleaf, Professor of Law and
Information Systems at Australia’s
University of South Wales, around 120
countries globally had data protection
laws in 2017, but the GDPR is the
broadest and most rigorous. Any country
looking to trade with the EU will need to
agree to respect the GDPR. For some
countries, cost and consistency alone
means adopting the regulation will make
the most sense. The world’s largest
trading bloc has set the standard and
now other global trading powers must
consider their own data protection laws
in its wake
The PECR – the GDPR’s
lesser-known cousin
Following a tumultuous May for many, as things settle, there’s another regulation
stepping out of the shadows. The Privacy and Electronic Communications Regulation
(PECR) is not new but will be updated (probably in 2019) to sit alongside the Data
Protection Act and the GDPR to give people
rights in relation, specifically, to electronic
communications, including:
• Marketing calls, emails, texts and faxes
• Cookies, and similar technologies
• Keeping communications secure
• Customer privacy regarding traffic and location data,
itemised billing, line identification and directory listings
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Consent is once again at the centre of the regulation.
The PECR states that organisations must not send electronic communications, as
noted above, without specific consent from the individual in receipt.
The EU is in the process of replacing its e-privacy Directive with a new regulation,
which is yet to be agreed.
The technology angle:
clean up your act
Technology has often been cited as the problem that
made it necessary for the EU to propose the need for
the GDPR and other data protection regulations that
were designed to keep its citizens secure.
However, as is often the case, technology is only as
good as the context that drives it.
As we saw with the exposure of Cambridge Analytica,
the human element certainly played its part in the
problem but this, in its turn, effected the positive shift
towards the regulatory changes that have had a
global impact.
With the change in the law,
technology can now be the
solution it promised to be.
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If you’d like to learn how Vuture can help your organisation in this changing
regulatory world, or would just like to talk more about what you’ve read here,
speak to one of our experts.
Not big data,
the right data
Never has it been more important to
get your data management right.
Aside from the promise of hefty fines
threatened by new regulations, there are
many beneficial reasons, for both your
organisation and your clients, to make this a
focus for your business.
Clean up your data act to:
• Understand and act upon changing
client behaviour
• Drive engagement
• Increase productivity
• Be compliant
Automation
over stagnation
ResearchCorp reported that 89 per cent of respondents who have deployed
marketing automation platforms have integrated it with their CRM systems.
Marketing automation, when used effectively with efficiently-managed client insights,
can really drive business value.
Implement marketing automation to:
• Communicate with clients in a timely,
relevant and personalised way
• Create a seamless customer
experience
• Build better client relationships
• Boost revenue