GDPR Changes - Presented by CommuniGator at Brighton Seminar 2017

1. COMMUNIGATOR
EU GDPR
2 FEBURARY 2017

2. YOUR HOSTS

3. • Our mission is simple. Enable businesses
to expand their email marketing lead
generation potential.
• We specialise in providing technology to
help you identify, nurture and qualify B2B
leads, meaning you can rapidly increase
sales.
• We know how to do it and do it well,
because we’ve been doing it for over 20
years.
Marketing Automation / Lead
Generation Specialists
• Delivering over 20 million emails per
week
• Technology platform or managed service
• Either buy it or we will host it for you
• Consultants on hand to help with your
lead generation marketing strategy
Independent & Privately Owned
• Based in Surrey, UK
• Young and dynamic
• Commercial terms for all budgets
• Project and product delivery
• Best practice as well as technology
• Dedicated Account Manager for all
• Unlimited technical support
• The HTML doctor

4. GatorMail GatorLeads GatorSocial GatorDocs GatorEvents
GatorExpress GatorInsights GatorCRM GatorData GatorSurveys
Marketing Automation &
Lead Generation Platform
14 DAY ALL
ACCESS
FREE
TRIAL

9. Email is the most used, most valuable and highly-prized
real estate on the Internet. This is why everyone wants it.

10. 5 YEARS AGO
Create target audience in
CRM / Excel
Create Campaign and
stage in CRM (fill in with
random txt) or directly in
ESP
Send email address and
first name (maybe)
Build HTML email, with txt
mime
Send to all
Update contact with
unsubscribe
Update contact with hard
bounce
Update contact with campaign
name and opened marker
Update contact with campaign
name and clicked marker

11. THE HERE AND NOW / FUTURE

13. USING WORKFLOW

14. GATOR CREATOR
IS HERE!

15. END OF THE WORLD AS WE
KNOW?!
25th MAY 2018

17. Today’s webinar serves only for informational purposes and is NOT
intended to be legal advice pertaining to the subject matter.
If you have additional questions on how this may affect your
organisation, you should consult your legal team or legal
representative.

19. • When does it all kick in?
• What are the penalties?
• Can I still market to my customers?
• What about my opt out database?
• Will BREXIT Help?
• Do we need a data protection officer?
• Does it only apply to email?
• What about my engaged data?
• I need to learn the lingo!

20. • Expanded definition of Personal Data
• New Principles (6 not 8) Transparency, accountability
• Consent
• Privacy notices
• Legitimate Interest
• Recording consent and preferences
• Processors responsibilities
• Profiling (Tele-matching, Wealth Screening)
• Data Subject Rights
• Fines!

24. Update your cookie and privacy policy
Check your consent statement with your legal team
Set up campaigns to target those with implied consent
Purchase targeted data and increase your opt in database-

27. Written, including electronic or oral statement
• Includes
– Ticking a box when visiting an internet website
– Choosing technical settings
– By any other statement or conduct which clearly indicates acceptance
• Does Not include
– Silence
– Pre- ticked boxes
– Inactivity

30. To ensure that the consent to use personal data meets the Regulatory requirement it must be “FREELY GIVEN ”. The precise wording is:
We must make absolutely clear (transparent and obvious) in the fair processing of information how an individual can exercise the right to object &
opt-out of direct marketing. Using the below guidelines, it is our intent to help you achieve this.
However, as we are not a legal company, this document and suggested wording within it are just that; suggestions.
The consent statement is vital to the process of getting contacts legally opted-in to your communications. It needs to be upfront and transparent
whether you are getting contacts from form fills or emailing your current database trying to get them to opt-in.
The one we use and recommend is, in essence, a ‘catch all’. However, this requires you to update your privacy policy and cookie policy (the latter
you need to do anyway) to make this method viable. We are also in a position whereby we can ‘bundle’ in our communications under one
statement as we only send one type of communication – marketing related material. If this wasn’t the case then we would need to be transparent
as to what we want to send. This would need to be done upfront, not once the details are submitted.

32. • Name and contact details of data controller
• Used for direct marketing purposes
• Third parties to which information passed on
• General third party no specific
• Transfers to countries outside Europe
• Length of time for which information kept for
• Data subject’s rights
• Subject Access, Opt Out, Portability,
• Information about profiling

36. • A person can object
to profiling for
marketing /
fundraising at any
time.
• Right to unsubscribe/opt-
out from decision based on
profiling, which produces
legal effects concerning the
individual.
• Fair Processing –
Wealth screening,
Tele append

39. RIGHT TO ERASURE
/ TO BE FORGOTTEN DATA
PORTABILITY
FREE SUBJECT
ACCESS REQUEST

41. Legitimate interest!!
Alternative legal basis for processing personal data
• Do you have a relationship?
• Weigh up the legitimate interest of the organisation with the rights of the consumer
• Reasonable
• Provision of unsubscribe or opt-out normally satisfies test
• Must balance interest of company with that of consumer

42. • Different to consent! If you communicate on the base of legitimate interest you do not
have consent
• Can only use for Direct Mail and Telephone
• Electronic comms still fall under PECR
• Legitimate interest – do you have a relationship – this is what helps you still
communicate with customers!
• Must still provide an unsubscribe or opt out
• Must weigh up the legitimate interest of organisation vs rights of the consumer – can’t just
send a bunch of catalogues weekly!
• This does not count for emails! – PECR overrides this.
• This applies for marketing communications – if a contract or ‘transactional email’ then you still
send. Product updates fall into this – as long as no marketing messages.
• Always think – what would the consumer expect – things out of the blue will cause you
problems

43. PERSONAL DATA
Any information related to a person or 'Data Subject' that can be used to identify the person.
DATA SECRUITY
In the event of a data breach an organisation must alert the authorities no later than 72 hours post breach
COMPLIANCE
You must clearly state how and why the processing of personal data using legitimate interest is justified.
ENFORCEMENT AND FINES
1. 10 million Euros or 2% of global turnover
2. 20 Million Euros or 4% of global turnover
CONSENT FOR MARKETING
Electronically or verbally recorded and provable
Legitimate interest and opt out clauses

45. 10 STEPS TO GDPR

46. Step 1: Define your privacy/cookie/consent statements
Step 2: Start the opt-in process with your existing data
Step 3: Purchase data now and work on opting in

53. CUSTOMERS
ASSET FORM FILLED BUT NO OPT IN
ENGAGED IN LAST 12 MONTHS
SALES REQUESTS
DATABASE OPT IN

56. Click =
YES
OPT IN
WORKFLOW

58. COLD UNENGAGED DATA: 0.93%-
COLD ENGAGED DATA: 6.49%-
WARM DATA: 11%-
HOT DATA: 17.24%-

60. Update your cookie and privacy policy
Check your consent statement with your legal team
Set up campaigns to target those with implied consent
Purchase targeted data and increase your opt in database-

63. 2. What does PECR stand for?
1. What day, month & year does the GDPR come into force?
3. What does DOI stand for and what is it?
4. What are the fines?
5. What are the 3 things you need to address on your consent statement?

65. THANK YOU!
Find Out More at:
www.communigator.co.uk