If there is an issue that concerns all companies right now it’s the effects that the General Data Protection Regulation (GDPR) and the new Spanish Organic Law on the Protection of Personal Data (LOPD, in Spanish) that will have when they come into effect in May. If you want to know more about both the GDPR and the reformed LOPD, read this other article.
How to make the most of GDPR and the new LOPD
Everyone talks about the limitations that these regulations will pose to marketing and communication of companies, with possible fines of up to 20 million euros, and of how to find an appropriate data protection delegate to meet the requirements… However, here at Canela we believe that every problem should be seen as an opportunity? That’s why in this article we talk about how these new regulations can help you improve your business marketing.
What you will no longer be able to do
It is clear that the RGPD and the new LOPD are going to bring important changes in the techniques of marketing and communication of the companies. For example, as of this month of May:
- You will not be able to add email addresses to your database without obtaining an explicit consent from the user to communicate with it (so no more collecting e-mails in web pages, social networks, directories or other public sites).
- It will not be enough to obtain a generic consent to send all kinds of communications. For example, if a user subscribes to receive news from your blog, you will not be able to send commercial offers without requesting permission again.
- The legal notice you have on your website will no longer be valid. You will have to explain to the users what you are going to do with their data, why and for how long, in a clear, direct and understandable language, not through the typical legal code that nobody understands.
- If a personal data breach occurs, you can no longer keep it secret. You will have 72 hours to notify the data protection authority and affected users what happened (theft of information, unauthorized use, etc.).
- You will have to make sure that your marketing providers comply with the new regulations, because you can be punished in case they commit infringement. In the same way, other companies may decide not to work with you if you do not obey the law.
- Before sending commercial communications to users, you will have to verify if they appear in an advertising exclusion service (the so-called Robinson Lists). In addition, users can limit the use you can make of their personal data.
- You should take special care with instant messaging applications. Common practices such as creating WhatsApp groups of friends or acquaintances, or communicate with your customers through this application, you can result in a fine.
A major change, right? But bear in mind that, as the rules are going to be for all, companies that take better care of their users’ data will have the advantage.
Make the RGPD and the LOPD your allies
There is no doubt that these new regulations will give way to a new era in marketing and communication, characterized by greater respect for the value of personal data. If you want your business to be in the lead in this new stage, we recommend you follow these tips.
First of all, make sure that your company meets all the requirements of the General Data Protection Regulation and the new Spanish Organic Law on the Protection of Personal Data as of May. Do not leave it for the last moment! If you need help, there are specialized companies that can help you adapt your systems and appoint the data protection delegate.
Also, check the subscription forms, the legal notice, the lead magnet and other texts of your website or blog. Do they comply with the regulations? Do they only ask for the necessary data? Do they request consent to treat personal data in a clear and easy to understand way? Remember that a generic consent to send commercial communications will not be enough.
Then, communicate to your users, customers, followers of social networks, etc. the measures you have adopted to ensure compliance with the GDPR and the LOPD, as well as to guarantee the protection of your personal data. Keep in mind that, with these new rules, it will be more difficult to obtain new personal data. You must take care of the ones you already have.
Fourth, review all of your marketing service providers to make sure they meet the regulations. Bear in mind that if, for example, you give your users information to an agency to invite them to an event that you have organized and this agency commits an infraction, your company will be responsible for the claims of the users.
Forget about collecting data at all costs and at all times: with the strict regulations of the GDPR and the new LOPD, you will surely commit some infraction. Instead, each time you design a campaign, think about what data you need and create a landing page or a specific mini-site to collect user data and ask for their consent.
Finally, consider a redefinition of the marketing strategies of your company. Maybe it’s time to move from outdated techniques of outbound marketing (pursue users to visit your website) to the most effective techniques of inbound marketing (attract users to your site with content marketing, social networks, influencers, etc.).
Do you think that the GDPR and the new LOPD are a problem for companies or an opportunity to improve their marketing? Comment on social networks!