GDPR Compliance & Data Protection

Over 50,000

Construction and Glazing data listings

88,000

Verified key-decision maker emails

94%

Deliverability rate on all email sends

GDPR: Understanding the Implications of Data Protection Regulations

The General Data Protection Regulation (GDPR) is a comprehensive EU law that took effect in 2018, replacing the Data Protection Act of 1998. It applies to all UK businesses, regardless of size, and standardises data protection rules across EU countries.

The GDPR focuses on protecting individuals’ rights and freedoms related to their personal data. It pays particular attention to the ‘fundamental rights and freedoms’ of individuals (known as ‘data subjects’) and includes how organisations collect, store, transfer, and use personal information, such as employee records, customer data, and sales leads. Any data that can identify an individual, including names or email addresses, is covered by the GDPR, even if the individual works for a limited company or LLP.

Data Subject Rights

An individual’s rights have been prioritised including the right to access, rectify, erase and restrict processing of their personal data.

Accountability

Organisations must demonstrate they are compliant with GDPR by implementing technical measures to protect personal data.

Lawful Data Processing

Personal data must be processed lawfully, fairly and transparently. Organisations must have a lawful basis for processing data.

Complying with GDPR

Since it was introduced the GDPR has generated some concern because of the increased fines stipulated by the ICO but compliance is achievable for most well-run businesses. By implementing appropriate measures, companies can meet the new standards of governance and accountability. This includes reviewing security protocols, defining clear policies, and conducting regular assessments.

To confidently adhere to GDPR regulations, organisations should:

Document personal data: Clearly outline what personal data is held, how it was obtained, its purpose, and who has access to it.
Demonstrate lawful processing: Justify the processing of personal data with a clear legal basis.
Provide transparent privacy policies: Make easily understandable privacy policies available to individuals.
Respect individual rights: Allow individuals to access, correct, restrict, or remove their personal data.
Implement data breach procedures: Have processes in place to detect and report data breaches.
Assign a data protection officer: Appoint someone responsible for overseeing data protection compliance.

GDPR and Marketing

There’s significant misunderstanding about marketing under the GDPR. While some believe the regulation could harm marketers due to stricter opt-in requirements, the GDPR is clear about consent. It states consent must be freely given, specific, informed, and unambiguous. This means companies can no longer use pre-ticked boxes or misleading tactics.

Although consent is crucial, it’s not the only legal ground for processing data. For many businesses, especially B2B, legitimate interest is a valid basis for direct marketing under Article 6(1)(f) of the GDPR. In fact, recital 47 explicitly states that direct marketing can be considered a legitimate interest.

Regardless of whether they use data for marketing, organisations must comply with GDPR. The regulation applies to all personal data processing, protecting individuals’ rights and freedoms. This includes customer, prospect, supplier, employee, or any other data subject information.

Managing your marketing data list

To comply with the GDPR, it’s crucial to maintain accurate and up-to-date customer and prospect lists. Organisations must be able to document how they obtained the data, its purpose and how they keep it current. While managing customer data might be straightforward, acquiring and maintaining your own marketing lists for new customers, especially in trade and commercial sectors, can be challenging and may not meet GDPR standards.

At Insight Data, we can help you ensure GDPR compliance and get the most from B2B marketing and customer acquisition.

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Frequently Asked Questions about GDPR

Here are some frequently asked questions regarding GDPR. This section aims to provide detailed answers to common queries regarding GDPR and how it relates to marketing.

What is the purpose of GDPR?

The last major overhaul of data regulations was 26 years ago, before Google, Facebook, Apple and other technology companies collected and processed the personal data from millions of people. In the UK we relied on the Data Protection Act 1998. However, with inconsistencies on data protection across member states of the EU, leaders from the European Parliament, Council and Union have come together and developed a standard for the collection, storage and processing of personal data known as GDPR which was introduced in the UK in 2018.

What is required to comply with GDPR?

If you hold any personal data – from employees to the names of your customers – it would be wise to conduct a DPIA (Data Protection Impact Assessment) or audit and clearly document the personal data you hold, how and when you collected it, and how it is used.

You will also need to have a clear privacy policy, be able to show a legal basis for processing the personal data you hold, and have procedures in place to detect and report on a data breach (such as a computer hack or data theft by an employee).

The Information Commissioners Office (ICO) website provides further information on compliance.

Does GDPR just relate to marketing?

The GDPR specifically relates to the processing of personal data with emphasis on the ‘fundamental rights and freedoms’ of individuals known as ‘data subjects’. This includes how organisations collect, store, transfer or use personal data and includes, for example, employee records, supplier and customer information or prospects/sales leads.

Although the GDPR relates to personal data and not businesses, any data that can identify a ‘natural person’ will fall under the new regulations. This includes an individual’s name or email address even if they work for a limited company or LLP.

Will I have to have ‘consent’ to comply with the GDPR?

This is a cause for confusion with many companies. ‘Consent’ is one way to comply with the GDPR but there are in fact five other legal grounds for processing personal data, including ‘contract’ and ‘legitimate interest’.

For direct marketing to new customers, particularly business-to-business, legitimate interest will be the legal basis for processing personal data although organisations will need to demonstrate that they balanced the interests and rights of the individual. Legitimate Interest is outlined in Article 6(1)(f) of the Regulation, and Recital 47 of the GDPR states clearly;

“The processing of personal data for direct marketing purposes may be regarded as carried out for legitimate interest”.

Can I continue to use my existing marketing/prospect list?

To comply with the GDPR it is essential that your data lists are valid and kept up to date. You will need to document how you collected the contacts on your database and have procedures in place to regularly update the information to ensure the data is accurate. For most companies collecting and managing your own marketing data list is likely to fall short of the new Regulation unless you invest heavily in regularly cleansing and updating it.

Insight Data marketing lists are continuously validated and updated and can help B2B suppliers in the glazing and construction industry comply with the GDPR.

Where do I go for advice?

Despite the hype and surge of so-called ‘GDPR Consultants’ and GDPR seminars there are in fact no qualifications or accreditations for GDPR and indeed the interpretation of the GDPR can very between so-called experts.

As the UK’s independent authority, the Information Commissioners Office (ICO) is the best source of information on GDPR compliance www.ico.org.uk.

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Do you have questions?

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GDPR

GDPR & Data Compliance

Over 50,000

88,000

94%

20,000

GDPR: Understanding the Implications of Data Protection Regulations

Lawful Data Processing

Operational Efficiency