Archive for the ‘GDPR – General Data Privacy Regulation’ Category

FREE WordPress Plugins To Help Website Owners To Become GDPR Compliant

What is GDPR?

GDPR or Global Data ProteCtion Regulation, is a set of European Union laws designed to protect its citizens who use websites. Rolled out on May 25th, 2018, the laws come with a series of heavy fines up to $20,000 million.

While unbelievable but true, it is the duty of website owners to comply since the internet is a global village and visitors may come from the European Union.

The core elements include

Right to Access
The right for data subjects to obtain from a company confirmation as to whether or not personal data on them is being processed, where and for what purpose. The organization must provide a copy of their personal data in an electronic format, free of charge.

Breach Notification
Companies must notify the Supervisory Authority of any data breaches without undue delay.
Customers must be notified of a data breach that’s likely to “result in a risk for the rights and freedoms of individuals” within 72 hours of being aware of the breach.

Right to be Forgotten (Right to Erasure)
Individuals have the right to require a company to delete their personal data if the continued processing of data is not justified (especially where the data are inaccurate or incomplete).

Data Portability
Individuals have the right to require companies to transmit their personal data to another company.

Privacy by Design
Data protection must be included in the design of systems from the beginning – not added later. The GDPR states “The controller shall implement appropriate technical and organizational measures. In an effective way in order to meet the requirements of this Regulation and protect the rights of data subjects.”
Companies can only hold and process the data absolutely necessary for the completion of its duties (data minimization), as well as limiting the access to personal data to those needing to act out the processing.

Consent
GDPR requires “a statement or clear affirmative action” that signals agreement of transferring personal data.
Requires parental consent for processing children’s (13-16 years of age depending on member state) personal data

Data Protection Officers
The hiring of a Data Protection Officer is required for organizations (EU and foreign) whose core activates consist of processing operations which require regular and systematic monitoring of EU individuals on a large scale or of a special category of data relating to criminal convictions and offenses.
The DPO is responsible to ensure, in an independent manner, the internal application of the regulations. They are also required to keep a record of all processing operations involving personal data carried out by the institution.

Source: http://www.datumstrategy.com/blog/gdpr-requirements-and-data-governance

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GDPR: What it Means for Google Analytics & Online Marketing

Mercedes Moss’ introduction to the GDPR article

This article by  Angela_Petteys   explains in clear detail the meaning of the European Union GDPR/General Data Privacy Regulation and its implication  for website owners and online marketers as it relates to Google Analytics and various elemenrs of online marketing.

The article covers:

  • What is GDPR?
  • Components of the GDPR regulations – information usage, protection and data breaches
  • Who is affected by GDPR?
  • Google Analytics & GDPR
  • The implications of GDPR for privacy policies, forms, & cookie notices
  • GDPR & other types of marketing
  • Referral deals and GDPR
  • Email marketing and GDPR
  • Marketing automation and GDPR
  • Gated consent
  • Google Adwords
  • My questions about the penalties
  • Questions about how penalties will be carried out

    As a website admininstrator, I understandably have many concerns about my readiness as I just learnt a few days ago about the GDPR documentation. Thanks to great contacts in the internet marketing industry, I have put some measures in place in order to become compliant. There is still more to be done. It is my personal view that the regulations should be the gold standard for internet usage and they would protect earth citizens from unscrupulous marketers and companies as well as unethical business practices

    However, I do have some concerns:

    1. Are there international treaties in place to legalize the administration of fines to non-EU citizens who refuse to comply?
    2. Do non – EU governments and coalitions have objections to the way in which penalties will be awarded, and how are these objections being raised.
    3. Why are the fines so astronomical? Is the EU trying to raise finances?
    4. Does the EU provide systems through which governments and government agencies couldi; protect the data of EU citizens?
    5. How do these regulations extend to protection of data collected by by banks, airlines etc?
    The regulations certainly open a Pandora’s box.

    I recommend that the EU work through Governments and major entities such as WHOis and ICANN to inform past and future website owners and also to provide tools for compliance. New and past website owners need to be provided with official notification about the regulations upon purchase of a web-hosting service and provided with tools to protect their sites. In essence, some elements could be provided by the web-host and/or WHOi in order to protect clients who have no clue about many of these complex issues and ways in which to prevent error.

What is GDPR?

GDPR is a very broad reform that gives citizens who live in the European Economic Area (EEA) and Switzerland more control over how their personal data is collected and used online. GDPR introduces a lot of new rules and if you’re up for a little light reading, you can check out the full text of the regulation online.

Over the past few months, a number of online companies have been updating their  privacy policies and sending notifications to their subscribers.

With the General Data Privacy Regulation (GDPR) set to go into effect on May 25th, 2018, many Internet services have been scrambling to  comply  with the new standards — and Google is no exception. Given the nature of the services Google provides to marketers, GDPR absolutely made some significant changes in  business practices. One of these relates to Google Analytics.  In turn, some marketers may have to take steps to make sure their use of Google Analytics is allowable under the new rules. However,  many  marketers aren’t entirely sure what exactly GDPR is, what it means for their jobs, and what they need to do to follow the rules.

Components of the GDPR regulations – information usage, protection and data breaches

Companies and other organizations are required be more transparent and clearly state what information they’re collecting, what it will be used for, how they’re collecting it, and if that information will be shared with anyone else. Only  information that is directly relevant for its intended use can be obtained. If the organization  later decides to use the information for a different purpose,  permission must be obtained again from each isubscriber or user.

GDPR also spells out how that information needs to be given to consumers. That information can no longer be hidden in long privacy policies filled with legal jargon. The information in disclosures needs to be written in plain language and “freely given, specific, informed, and unambiguous.” Individuals also have to take an action which clearly gives their consent to their information being collected. Pre-checked boxes and notices that rely on inaction as a way of giving consent will no longer be allowed. If a user does not agree to have their information collected, you cannot block them from accessing content based on that fact.

Consumers also have the right to see what information a company has about them, request that incorrect information be corrected, revoke permission for their data to be saved, and have their data exported so they can switch to another service. If someone decides to revoke their permission, the organization needs to not only remove that information from their systems in a timely manner, they also need to have it removed from anywhere else they’ve shared that information.

gdpr and customers

                                      SOURCE – https://thinkgdpr.org/

Organizations must also be able to give proof of the steps they’re taking to be in compliance. This can include keeping records of how people opt in to being on marketing lists and documentation regarding how customer information is being protected. Once an individual’s information has been collected, GDPR sets out requirements for how that information is stored and protected.

If a data breach occurs, consumers must be notified within 72 hours. Failing to comply with GDPR can come with some very steep consequences. If a data breach occurs because of non-compliance, a company can be hit with fines as high as €20 million or 4% of the company’s annual global revenue, whichever amount is greater. Do US-based businesses need to worry about GDPR?

 

What countries are  affected by the GDPR?

Just because a business isn’t based in Europe doesn’t necessarily mean they’re off the hook as far as GDPR goes. If a company is based in the United States (or elsewhere outside the EEA), but conducts business in Europe, collects data about users from Europe, markets themselves in Europe, or has employees who work in Europe, GDPR applies to them, too.

Even if you’re working with a company that only conducts business in a very specific geographic area, you might occasionally get some visitors to your site from people outside of that region. For example, let’s say a pizza restaurant in Detroit publishes a blog post about the history of pizza on their site. It’s a pretty informative post and as a result, it brings in some traffic from pizza enthusiasts outside the Detroit area, including a few visitors from Spain. Would GDPR still apply in that sort of situation?

As long as it’s clear that a company’s goods or services are only available to consumers in the United States (or another country outside the EEA), GDPR does not apply. Going back to the pizza restaurant example, the other content on their site is written in English, emphasizes their Detroit location, and definitely doesn’t make any references to delivery to Spain, so those few page views from Spain wouldn’t be anything to worry about.

However, let’s say another US-based company has a site with the option to view German and French language versions of pages, lets customers pay with Euros, and uses marketing language that refers to European customers. In that situation, GDPR would apply since they are more clearly soliciting business from people in Europe.

Google Analytics & GDPR – protection of personal information, 

If you use Google Analytics, Google is your data processor and since they handle data from people all over the world, they’ve had to take steps to become compliant with GDPR standards. However, you/your company are considered the data controller in this relationship and you will also need to take steps to make sure your Google Analytics account is set up to meet the new requirements.

Google has been rolling out some new features to help make this happen. In Analytics, you will now have the ability to delete the information of individual users if they request it. They’ve also introduced data retention settings which allow you to control how long individual user data is saved before being automatically deleted. Google has set this to be 26 months as the default setting, but if you are working with a US-based company that strictly conducts business in the United States, you can set it to never expire if you want to — at least until data protection laws change here, too. It’s important to note that this only applies to data about individual users and events, so aggregate data about high-level information like page views won’t be impacted by this.

To make sure you’re using Analytics in compliance with GDPR, a good place to start is by auditing all the data you collect to make sure it’s all relevant to its intended purpose and that you aren’t accidentally sending any personally identifiable information (PII) to Google Analytics. Sending PII to Google Analytics was already against its Terms of Service, but very often, it happens by accident when information is pushed through in a page URL. If it turns out you are sending PII to Analytics, you’ll need to talk to your web development team about how to fix it because using filters in Analytics to block it isn’t enough — you need to make sure it’s never sent to Google Analytics in the first place.

PII includes anything that can potentially be used to identify a specific person, either on its own or when combined with another piece of information, like an email address, a home address, a birthdate, a zip code, or an IP address. IP addresses weren’t always considered PII, but GDPR classifies them as an online identifier. Don’t worry, though — you can still get geographical insights about the visitors to your site. All you have to do is turn on IP anonymization and the last portion of an IP address will be replaced with a zero, so you can still get a general idea of where your traffic is coming from, although it will be a little less precise.

If you use Google Tag Manager, IP anonymization is pretty easy. Just open your Google Analytics tag or its settings variable, choose “More Settings,” and select “Fields to Set.” Then, choose “anonymizeip” in the “Field Name” box, enter “true” in the “Value” box,” and save your changes.

If you don’t use GTM, talk to your web development team about editing the Google Analytics code to anonymize IP addresses.

Pseudonymous information like user IDs and transaction IDs are still acceptable under GDPR, but it needs to be protected. User and transaction IDs need to be alphanumeric database identifiers, not written out in plain text.

Also, if you haven’t already done so, don’t forget to take the steps Google has mentioned in some of those emails they’ve sent out. If you’re based outside the EEA and GDPR applies to you, go into your Google Analytics account settings and accept the updated terms of processing. If you’re based in the EEA, the updated terms have already been included in your data processing terms. If GDPR applies to you, you’ll also need to go into your organization settings and provide contact information for your organization.

The implications of GDPR for privacy policies, forms, & cookie notices

 

Now that you’ve gone through your data and checked your settings in Google Analytics, you need to update your site’s privacy policy, forms, and cookie notices. If your company has a legal department, it may be best to involve them in this process to make sure you’re fully compliant.

Under GDPR, a site’s privacy policy needs to be clearly written in plain language and answer basic questions like what information is being collected, why it’s being collected, how it’s being collected, who is collecting it, how it will be used, and if it will be shared with anyone else. If your site is likely to be visited by children, this information needs to be written simply enough for a child to be able to understand it.

Forms and cookie notices also need to provide that kind of information. Cookie consent forms with really vague, generic messages like, “We use cookies to give you a better experience and by using this site, you agree to our policy,” are not GDPR compliant.

GDPR & other types of marketing

The impact GDPR will have on marketers isn’t just limited to how you use Google Analytics. If you use some particular types of marketing in the course of your job, you may have to make a few other changes, too.

Referral deals and GDPR

If you work with a company that does “refer a friend”-type promotions where a customer has to enter information for a friend to receive a discount, GDPR is going to make a difference for you. Giving consent for data to be collected is a key part of GDPR and in these sorts of promotions, the person being referred can’t clearly consent to their information being collected. Under GDPR, it is possible to continue this practice, but it all depends on how that information is being used. If you store the information of the person being referred and use it for marketing purposes, it would be a violation of GDPR standards. However, if you don’t store that information or process it, you’re OK.

Email marketing and GDPR

If you’re an email marketer and already follow best industry standards by doing things like only sending messages to those who clearly opt in to your list and making it easy for people to unsubscribe, the good news is that you’re probably in pretty good shape. As far as email marketing goes, GDPR is going to have the biggest impact on those who do things that have already been considered sketchy, like buying lists of contacts or not making it clear when someone is signing up to receive emails from you.

Even if you think you’re good to go, it’s still a good time to review your contacts and double check that your European contacts have indeed opted into being on your list and that it was clear what they were signing up for. If any of your contacts don’t have their country listed or you’re not sure how they opted in, you may want to either remove them from your list or put them on a separate segment so they don’t get any messages from you until you can get that figured out. Even if you’re confident your European contacts have opted in, there’s no harm in sending out an email asking them to confirm that they would like to continue receiving messages from you.

Creating a double opt-in process isn’t mandatory, but it would be a good idea since it helps remove any doubt over whether or not a person has agreed to being on your list. While you’re at it, take a look at the forms people use to sign up to be on your list and make sure they’re in line with GDPR standards, with no pre-checked boxes and the fact that they’re agreeing to receive emails from you is very clear.

For example, here’s a non-GDPR compliant email signup option I recently saw on a checkout page. They tell you what they’re planning to send to you, but the fact that it’s a pre-checked box placed underneath the more prominent “Place Order” button makes it very easy for people to unintentionally sign up for emails they might not actually want.

Jimmy Choo, on the other hand, also gives you the chance to sign up for emails while making a purchase, but since the box isn’t pre-checked, it’s good to go under GDPR.

Marketing automation and GDPR

As is the case with standard email marketing, marketing automation specialists will need to make sure they have clear consent from everyone who has agreed to be part of their lists. Check your European contacts to make sure you know how they’ve opted in. Also review the ways people can opt into your list to make sure it’s clear what, exactly, they’re signing up for so that your existing contacts would be considered valid.

If you use marketing automation to re-engage customers who have been inactive for a while, you may need to get permission to contact them again, depending on how long it has been since they last interacted with you.

Some marketing automation platforms have functionality which will be impacted by GDPR. Lead scoring, for example, is now considered a form of profiling and you will need to get permission from individuals to have their information used in that way. Reverse IP tracking also needs consent.

It’s also important to make sure your marketing automation platform and CRM system are set to sync automatically. If a person on your list unsubscribes and continues receiving emails because of a lapse between the two, you could get in trouble for not being GDPR compliant.

Gated content

A lot of companies use gated content, like free reports, whitepapers, or webinars, as a way to generate leads. The way they see it, the person’s information serves as the price of admission. But since GDPR prohibits blocking access to content if a person doesn’t consent to their information being collected, is gated content effectively useless now?

GDPR doesn’t completely eliminate the possibility of gated content, but there are now higher standards for collecting user information. Basically, if you’re going to have gated content, you need to be able to prove that the information you collect is necessary for you to provide the deliverable. For example, if you were organizing a webinar, you’d be justified in collecting email addresses since attendees need to be sent a link to join in. You’d have a harder time claiming an email address was required for something like a whitepaper since that doesn’t necessarily have to be delivered via email. And of course, as with any other form on a site, forms for gated content need to clearly state all the necessary information about how the information being collected will be used.

If you don’t get a lot of leads from European users anyway, you may want to just block all gated content from European visitors. Another option would be to go ahead and make that information freely available to visitors from Europe.

Google AdWords

If you use Google AdWords to advertise to European residents, Google already required publishers and advertisers to get permission from end users by putting disclaimers on the landing page, but GDPR will be making some changes to these requirements. Google will now be requiring publishers to get clear consent from individuals to have their information collected. Not only does this mean you have to give more information about how a person’s information will be used, you’ll also need to keep records of consent and tell users how they can opt out later on if they want to do so. If a person doesn’t give consent to having their information collected, Google will be making it possible to serve them non-personalized ads.

In the end

GDPR is a significant change and trying to grasp the full scope of its changes is pretty daunting. This is far from being a comprehensive guide, so if you have any questions about how GDPR applies to a particular client you’re working with, it may be best to get in touch with their legal department or team. GDPR will impact some industries more than others, so it’s best to get some input from someone who truly understands the law and how it applies to that specific business.

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