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GDPR: ‘The Supreme Court of Privacy’

June 25, 2018

The principles of, and rules on the protection of natural persons with regard to the processing of their personal
data should, whatever their nationality or residence, respect their fundamental rights and freedoms, in particular
their right to the protection of personal data. This Regulation is intended to contribute to the accomplishment of
an area of freedom, security and justice and of an economic union, to economic and social progress, to the
strengthening and the convergence of the economies within the internal market, and to the well-being of natural
persons.

General Data Protection Regulation 2016/679 is a regulation in the European Union law It is based on data protection and privacy for every individual. The law has been passed, however, only in the European Union (EU) and the European Economic Area (EEA). The most important role of GDPR is to give control to individuals over their personal data and to simplify the regulatory environment for international business by uniting the guideline of the EU. It also regulates the distribution of personal data outside the provinces of EU and EEA. No one will be able to exploit one’s personal information for any personal gain. Any abnormal activity regarding the extraction of personal data without the consent of the person will become traceable and in turn an illegal activity.

GDPR is the replacement of Data Protection Directive 95/46/EC.  The regulation covers provisions and requirements pertaining to the processing of personally identifiable information of individuals (formally called data subjects in the GDPR) inside the European Union, and applies to all enterprises, regardless of location, that are doing business with the European Economic Area.

Why GDPR?                  

Image result for gdpr

The processing of personal data should be designed to serve mankind. The right to the protection of personal
data is not an absolute right; it must be considered in relation to its function in society and be balanced against
other fundamental rights, in accordance with the principle of proportionality. This Regulation respects all
fundamental rights and observes the freedoms and principles recognised in the Charter as enshrined in the
Treaties, in particular the respect for private and family life, home and communications, the protection of
personal data, freedom of thought, conscience and religion, freedom of expression and information, freedom to
conduct a business, the right to an effective remedy and to a fair trial, and cultural, religious and linguistic
diversity.

The law ensures that every Online Advertising Agencies business process hold some sort of personal data should be built with data protection by design and by default, meaning that personal data must be entirely anonymous and the company should use the highest-possible privacy settings by default, so that the data is not available to everyone without explicit, informed consent.

Now, each person will have the power to hold companies to account. This means that a person is now allowed to withhold consent for certain uses of data, request access to their personal information from data brokers, and delete their information from sites altogether.

Since the law is limited to the EU, but highly appreciated, it may mark a day when every union starts to adopt it.

How GDPR impact on Digital Marketing:

With the new set of rules that GDPR imposes, it works in favour of the citizens to protect every consumers’ privacy and give them greater control over whether their personal data is being used or not, and if it is, how their data is collected and distributed, GDPR requires marketers to secure explicit permission for data-use activities within the EU. With new and substantial constraints on what had been largely unregulated data-collection practices, marketers will have to find ways to target digital ads, depending less on hoovering up quantities of behavioral data.

Abiding by GDPR, ‘implied consent’ or ‘soft opt-ins’ is no longer adequate for personal data – consent must be explicit. This means that the Online Advertising companies must be able to provide proof that a user chose to opt-in to any communication. Under this legislation, marketers are only able to email someone, as long as that person had the option to opt-out of emails at the time of purchase.

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