The new EU Data Regulation. Five reasons why it's not practical.
1. Is the Regulation retrospective?
Will data captured legally and in good faith need to be ‘dumped’ when the Regulation is enforced?
2. Define ‘explicit consent’
‘Explicit consent’ to store a persons details on our database is open to interpretation. We could collect data believing we have explicit consent, but the data regulator may disagree. Result? The data gets dumped and £thousands is wasted, possibly crippling the company.
In addition, the UK interpretation of explicit consent may vary from the German and French. So where is the uniformity in European data protection we all desire? The phrase is too vague and we are being set up to fail.
3. Right to be forgotten and removing ‘unsubscribes’
If a person requests to be ‘forgotten’ how can we ensure they are removed from all our future databases we buy legitimately from other companies?
A customer may choose to be ‘forgotten’ by British Gas, then a year later request to receive information from all gas suppliers. We can’t remove them if we don’t have their details.
4. Marketing to multi-national companies will go outside the EU
Example: Acme UK Limited have a new product they want to sell to Coca-Cola. They cannot get the names of the appropriate Managers/Directors at Coca-Cola in the UK or contact them without their consent. But they can get the names of Coca-Cola Directors in USA, Argentina, India, etc.
So they appoint a marketing agency outside of the EU and make contact with Coca-Cola USA. The USA division love the product and tell their colleagues in the UK. Result? B2B Marketing agencies in the UK loose a chunk of business.
5. Impractical to prosecute companies outside the EU
The global economy is moving faster than ever before. Gaining an advantage over your competitors for just a few months can make £millions. A company outside the EU may be prepared to risk breaking the Regulation in order to gain an advantage in the UK market, and UK companies would be unable to respond.
Policing the Regulation within Europe will be difficult, doing it world-wide will be impossible. Even if a company is identified as breaking the Regulation it may take years before they are prosecuted, and during that time UK companies that are unable to compete will go into liquidation.
More info on the EU Data Regulation at http://www.scisalesgroup.com/leaked-eu-document-demands-opt-in-for-all-marketing