This webinar covered how to prepare for the General Data Protection Regulation (GDPR) which goes into effect in May 2018. It discussed assessing the impact on your organization, capturing consent, cookie usage, marketing communications, systems impacts, and individual rights. The webinar encouraged attendees to prepare by auditing their databases, updating processes around consent and privacy policies, and ensuring their marketing technology stack is compliant. Additional resources on GDPR preparation were provided.
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5. @MichelleMMiles
Are You Ready for GDPR?
APRIL 4, 2018
MICHELLE MILES
VP of Consulting Services
Marketo Certified Solutions Architect
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Perkuto helps marketing leaders who feel frustrated with not having a bigger impact on revenue. As a Marketo Platinum
Partner, our team of experienced consultants create impactful strategies, optimize marketing operations, simplify MarTech
and execute on day-to-day campaigns. We assist marketing leaders in exceeding their goals and rising to the top.
7. GDPR Resources
● GDPR Resources: learn.perkuto.com/GDPR
○ Marketo Client’s Guide to GDPR Compliance
○ GDPR FAQ eBook
○ Marketing examples and ideas
○ ...and so MUCH more!
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8. Poll #1
My understanding of GDPR is….
A. Just starting
B. Intermediate
C. Advanced
D. GDPR creeps into my dreams
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9. General Data Protection Regulation (GDPR)
● Consent-driven legislation
● Transparency in data usage
● Regulation regarding data:
○ Collection
○ Enrichment
○ Storage
○ Transfer
○ Removal
● Breach notification
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10. Assessing the Impact of GDPR on your
Organization
● Anyone marketing to or doing business with a resident of EU
● Includes citizens of another country living in EU temporarily
● Conduct a database audit:
○ “Normalized” country data
○ Number of EU records
○ Are they viable?
○ Do they have GDPR-consent?
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11. GDPR: Not just for Email
● GDPR applies to all personal data
● Email consent can constitute data
consent
● Track data consent as you would
email consent
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12. Consent - Do’s and Don’ts
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DO DON’T
Capture and retain consent
documentation: Opt-in date and
timestamp, source, IP address
Assume implied consent - explicit
is consent required
Run whitelisting campaigns now
to capture appropriate consent
Keep records forever; length of
consent clause
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13. Consent - Do’s and Don’ts continued
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DO DON’T
Include a separate (unchecked)
checkbox to capture consent
Bundle consent with another
action
Link forms to your privacy policy Make the opt-in checkbox a
required field
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15. Consent - Other Considerations
● Privacy policy updates
○ A sample snippet of a GDPR-compliant privacy policy:
“The information set out in this form is registered in an electronic database for the purpose of
[commercial prospection, HR…]. This information is intended to be communicated to [internal service of
the company, commercial partners…] and retained for [the relationship, xxx months…]. In accordance
with the applicable regulation, your rights to access and update your data, withdraw your consent or
lodge complaint where applicable can be exercised by following this link [contact of the service, person
or authority in charge…]”
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16. Consent - Or Legitimate Interest?
Can you claim legitimate interest to bypass consent?
From GDPR, Article 6(1) you can IF:
A) Processing is necessary for the performance of a contract with the data subject or to take steps to enter into a
contract
B) Processing is necessary for compliance with a legal obligation
C) Processing is necessary to protect the vital interests of a data subject or another person
D) Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official
authority vested in the controller
E) Processing is necessary for the purposes of legitimate interests pursued by the controller or a third party, except
where such interests are overridden by the interests, rights or freedoms of the data subject. (ex: if the data
subject is a child)
Remember: Legitimate interest may apply only to maintaining data and
using it to fulfill a contract - not for marketing communication
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17. Legitimate Interest - Proceed with Caution!
● Hypothetical situation for
using legitimate interest
● Where the boundaries end
BOTTOM LINE:
If you use a customer’s data in an
unexpected way or a way that goes beyond
your initial reason for gaining access to it,
you could be in serious violation of GDPR!
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18. Cookie Usage
● Changes with GDPR
○ “By using this website you agree to cookies” messages no longer comply
● Background processing and behavioral scoring: user consent
required
● Marketing ideas
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21. GDPR Systems Impact
● Changes with GDPR:
○ Data enrichment
○ Lead scoring
● Detail in your privacy policy
● Marketing options
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22. GDPR Systems Impact
● Implications on your
MarTech stack
○ Data Controllers
○ Data Processors
● Everyone in the
compliance pool!
● Hire a DPO (Data
Protection Officer)
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23. GDPR Individual Rights
● Right to request an export of all personal
data
● Right to be informed of company’s data
collection and usage policy upon request
● Right to be informed of a data breach
● Right to be removed: complete erasure of
all personal data
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24. Closing Thoughts
● GDPR is massive and difficult to understand
● Though adjustments are needed in your processes, you will
ultimately build more user trust
● Stay the compliance course, don’t give up and you will conquer.
Your marketing CAN thrive in a GDPR world!
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25. Additional GDPR Resources - Perkuto
learn.perkuto.com/GDPR
● Marketo Client’s Guide to GDPR Compliance
● GDPR FAQ eBook
Marketo Summit session
● Fearless Marketing in a GDPR World: Tips to
Thrive Amidst New Regulations
GDPR Readiness Programs
● Marketo | CRM | Database evaluations
● From assessment to implementation
● For more info: success@perkuto.com
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