Outsourcing Staff and Data Protection

Data Protection

For over a year now the BUZZ word has been ‘GDPR’.  Whilst many businesses fear the repercussions of the new general data protection legislation in force next month, people in general seem to be very excited about the idea of companies no longer being able to hold contact details and getting in touch either via email or by phone with anyone that hasn’t given them permission to do so.  Some even say, “Yay, no more PPI phone calls.”

Marketing Entering A New Era

Marketing and advertising are definitely entering a new age as of 25 May 2018.  Email marketing is already changing with so many companies contacting everyone on their mailing list and asking for permission to carry on sending them communications.  It is definitely the end of an era and the beginning of, hopefully, something good.  What are the benefits of keeping your contact details so protected that unless you give consent, a company cannot contact you for news or advertising?

Fiddling With Legislation

One thought in mind is that if we cannot be contacted by businesses in the EU without our consent, nothing is stopping businesses outside the EU from contacting you, right?  Well, not quite so.  Some companies have begun plans to outsource their marketing work to companies outside the EU but that would be a naïve move and a huge mistake. If you are living in the EU, then it will be a breach of legislation for any company to contact you without your consent.  US companies for instance need to comply with the GDPR legislation and so will companies in Asia, Africa and rest of the world.

Outsourcing

One other aspect to bear in mind in relation to GDPR is outsourcing and external contractual staff.  These often deal with sensitive data and general data such as mailing lists for newsletters, advertising and invitations.  If external entities have access to data, they need to sign a non-disclosure agreement.  From 25 May, the non-disclosure agreement will be extended to comply with the new legislation so any businesses who haven’t already done so, need to prepare new non-disclosure agreements, confidentiality agreements and terms of service to reflect or include the new regulation.  Please let us know if you’d like us to help you draft new documents for your outsourcing suppliers and staff.  SG

 

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