Arguably the biggest single European issue is the forthcoming General Data Protection Regulation (GDPR). A new ruling which will have worldwide impact on firms including those in the USA who have interests, holdings, customers and other touch points on European soil.
So wondering what all things are covered around GDPR? How it’s going to impact on respective stakeholders and who are the ones to take care on this? The graphic below should be helpful:-
Let’s look at how marketers be sure of legitimate interest. For better understanding, let’s consider – Data Controllers (You), Data Processors (data partners like SMARTe) and Individuals (Your Prospects)
Although GDPR doesn’t list all conditions in which genuine interests may apply, it does specify that any processing under this banner meets the balance of interest’s condition – are the interests of the controller overridden by the interests or rights of individuals?
Individuals can object to data processing for legit interests (as per Article 21 of the GDPR) with the data controllers getting the chance to defend themselves, whereas where the controller uses consent, individuals have the right to withdraw that consent under the ‘right to erasure’.
If you are unsure about where legit interests are applicable, your data protection officer (which is a must as per GDPR law) will likely be undertaking a Legitimate Interests Assessment (LIA) which can be found online or created hands-on.
Note that this blog post is not intended to construe legal advice or offer comprehensive guidance.