So there’s been a lot of talk recently regarding privacy policy changes. You may have even seen policy update notices from Google, Facebook and other popular sites. This is because the GDPR (General Data Protection Regulation) went into effect on May 25, 2018. While this has been a BIG topic in Europe for a while, here in the US it’s still gaining steam. Over the past two years, you may have visited a site that presented you with a small notice that informs you that the site uses cookies and provides you a link to their cookie use policy. This is part of GDPR. I’ve personally implemented this function on a higher education website for my day job as well as for some of my clients. You still have time to determine whether these EU-focused regulations apply to your site or not. There are simple changes you can make to protect yourself.
(Disclaimer: I am not a lawyer, nor do I play on on TV. I am providing this information because I believe it’s important for you to be informed. If you feel you need legal advice, please consult a qualified lawyer.)
So just what is GDPR?
The General Data Protection Regulation(GDPR) has actually been around since 2016. A February 2018 Forbes magazine article describes GDPR as “…standardizes data protection law across all 28 EU countries and imposes strict new rules on controlling and processing personally identifiable information (PII). It also extends the protection of personal data and data protection rights by giving control back to EU residents. GDPR replaces the 1995 EU Data Protection Directive, and went into force on May 25, 2018. It also supersedes the 1998 UK Data Protection Act.” The gist? It allows the user to determine how and when their personal data is used by requiring the site owners to be transparent about how they collect and use it.
How does it impact me?
So if this is designed for EU residents, why should you care? Again, the Forbes Magazine article states it simply “GDPR applies to all organizations holding and processing EU resident’s personal data, regardless of geographic location.” That being said, if you can answer yes to any of these questions, then you may be required to implement appropriate changes to your website to be in compliance with GDPR.
- Do you cater to or target customers in the EU?
- Do you offer any services targeting customers in the EU?
- Do you sell any products or ship products to the EU?
- Do you capture and utilize personally identifiable information from EU based customers?
If you answered yes to any of the above, you may be required to make changes to your site in order to be in compliance with GDPR.
What can you do?
Some simple steps you can take are:
- Implement a cookie use notification policy and approval process.
- Create a privacy policy or revisit your existing one to ensure it is up to date. There are several policy creation sites that can help you draft one.
- Utilize a double opt-in process for your email marketing programs. Some popular applications like MailChimp, Aweber and Constant Contact already offer compliance associated options. You may want to also update your opt-in message to ensure it explains exactly what the user is agreeing to.
- Check for plugins, scripts or add-ons to your website that can assist you in making your website compliant.
- Determine whether or not you want to continue marketing to or targeting your products and services to the EU. I’m not suggesting that this is the way to go but it is something to consider. If you aren’t ACTIVELY marketing to them the GDPR may not apply to you. (i.e. you run a lawn service is Atlanta, Georgia, USA)
Whatever changes you decide to make, ensure that you are aware of the possible consequences for non-compliance. They can involve some extremely large fines. Seek legal counsel if you concerned about your level of compliance. More information can be found on the GDPR website. https://www.eugdpr.org/
Care to share your experience with GDPR? Drop us a line below. We’re interested in hearing your feedback.
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