GDPR FAQ

Q: Can I still market to my customers?

A: Providing they meet the new rules, existing consents should still apply. Where personal data is processed for direct marketing, the individual’s right to object should clearly be brought to their attention

Q: Does the GDPR apply to cold calling?

A: Yes it does apply to a specific individual, however you are able to call an organisation’s mainline.

Q: Do I need to modify my contact form?

A:The regulation says that consent “must be a freely given, specific, informed and unambiguous indication of the individual’s wishes”. Which means your text going forward beyond 28 May 2018 must comply with that statement, and any pre-selected tick boxes are not allowed.

Q: Do I need consent to send contracts/quotes etc?

A: No, it will either come under the lawful basis of “performance of a contract”, or it would be “Legitimate Interest” as you already have a relationship with them and it won’t be unexpected for them to hear from you.

Q: Can I still import mailing lists

A: If you cannot justify Legitimate Interest as the lawful basis, then you must rely on consent. If you buy data from a company that says they have obtained consent you need to be careful. The ICO guidance states “You must as a minimum include the name of your organization and the names of any third parties who will rely on the consent – consent for categories of third-party organizations will not be specific enough”

Q: What Constitutes Personal Data?

Any information related to a natural person or ‘Data Subject’, that can be used to directly or indirectly identify the person. It can be anything from a name, a photo, an email address, bank details, posts on social networking websites, medical information, or a computer IP address.

Q: What is the difference between a Controller and Processor?

A controller is the entity that determines the purposes, conditions and means of the processing of personal data, while the processor is an entity which processes personal data on behalf of the controller. Mago:Tech is, primarily, a processor.

Q: How long does consent last for?

A: According to the Regulation, consent decays with time. However, 6 to 12 months seems to be a reasonable time frame.

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  • 21-May-2018
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