The General Data Protection Regulation (GDPR) is a European Union regulation aimed at protecting individuals’ personal data. For all companies, but especially those that use marketing automation, it imposes strict rules regarding the collection, processing, and storage of user data.
Therefore, marketing teams must comply with these requirements in order to guarantee data confidentiality and security, while developing personalized marketing strategies that respect individuals’ rights, without, of course, compromising the achievement of your objectives?
So what are the four mistakes to avoid in order to comply with the GDPR and safely use your marketing automation software?
Mistake no. 1: non-compliant data collection
Collecting data without the explicit consent of users is the major mistake not to make when a company wants to collect and use data.
To obtain a visitor’s consent, it is necessary to clearly explain the purpose of this collection and give them the option to consent or not, with a checkbox before submitting a form for example. The informed, explicit, and freely given consent of individuals must be provided in a clear, specific, and unambiguous manner regarding the purpose of the processing.
Here are a few wording precautions to write at the beginning of a form to make sure you comply with the GDPR and individuals’ rights regarding their data:
➡️“We attach great importance to the protection of your personal data in accordance with the General Data Protection Regulation (GDPR). Before continuing, please read the privacy policy available [insert link to the privacy policy] carefully to understand how we collect, use, store, and process your data.”
➡️“By checking the box below, you explicitly consent to our collecting and processing the following information”
➡️Voluntary consent: I understand that providing my data is voluntary and that I may withdraw my consent at any time using the contact methods provided in the privacy policy.
[ ] I agree to provide my personal data and receive communications in accordance with the privacy policy.
[ ] I refuse to provide my personal data and understand that certain site features may be limited.
Mistake no. 2: lack of transparency regarding the processing of personal data
Transparency is one of the founding principles of a good customer relationship. And it applies particularly to the data they agree to share with you. Reassurance, trust, credibility, reputation, loyalty… The benefits of smooth communication are countless.
How is the data your users share with you used, processed, and stored? As a company, it is essential to be able to answer this question.
Make sure you communicate the purpose of this data collection, the legal bases on which you rely, the data retention period, and their rights regarding data protection. This is generally done through an accessible and understandable privacy policy.
Before requesting any data, you can include the following sentence:
➡️Purpose of data collection: your data will be used solely for the purpose of [indicate the specific purpose of data collection, for example: “sending you newsletters and exclusive promotions regarding our products and services”].
Mistake no. 3: retaining data indefinitely
Indefinite retention of personal data is a serious GDPR mistake. Companies may keep data only for as long as necessary and for specific purposes.
However, the GDPR does not specify a precise and uniform data retention period for all situations. Rather, it sets out the principle of “storage limitation” (Article 5, paragraph 1(e) of the GDPR), according to which personal data must be kept in a form that permits the identification of data subjects for no longer than is necessary for the purposes for which it is processed.
In short? ? The data retention period depends on the specific purpose for which the data is collected and processed. Once the initial objective has been achieved or the purpose of the processing no longer applies, the data must be deleted or anonymized.
To avoid this mistake when collecting your data, you can tell your visitors:
➡️Data retention period: your personal data will be retained for [indicate the data retention period, for example: “24 months from the last interaction with our site”].
?Likewise, we advise you to minimize the amount of data you request. Collect only the data necessary to achieve the defined specific objective. Avoid collecting excessive or unnecessary data.
Mistake no. 4: insufficient security and protection of personal data
To guarantee the security and protection of personal data, it is essential to communicate about the risks linked to security breaches and data violations. A data leak can seriously damage a company’s reputation, so every precaution must be taken.
Our recommendation? Put appropriate security measures in place to protect collected data against any unauthorized access, disclosure, or alteration.
This may include:
- Data encryption
- Restricted access to sensitive data
- Two-factor authentication
- Anonymization and pseudonymization
- Updates and patches
- Security incident management
- Regular backups
- Third-party oversight
- Staff training
- Restricted data access
Good to know: what are the consequences of these mistakes?
Nobody is perfect, and new regulations decided by the CNIL regularly appear. If a company is careless or fails to correct course regarding the protection of its customers’ data, here are the risks it faces:
- Financial fines: the GDPR provides for administrative fines of up to 20 million euros or 4% of the company’s total worldwide annual turnover, whichever amount is higher. These fines are applied according to the seriousness of the infringement and may be imposed on data controllers and processors.
- Poor reputation: non-compliant data collection can lead to a loss of trust and credibility among customers, business partners, and the general public. A poor reputation can have a lasting impact on the company’s brand image and harm its business activities in the long term.
- Legal actions and complaints: individuals whose data has been collected unlawfully have the right to file a complaint against the company in question. Legal actions and complaints may be brought by data protection authorities or by the individuals concerned, which can result in significant legal costs for the company.
- Suspension of activities: in the most serious cases, data protection authorities may order the suspension of the company’s data processing activities, which could have a considerable impact on its business operations.
- Contractual sanctions: non-compliant data collection may also lead to contractual sanctions with business partners or subcontractors, which could affect the company’s business relationships.
It is therefore essential for companies to comply rigorously with GDPR requirements regarding the collection, processing, and storage of personal data in order to avoid these harmful consequences. But thanks to this article, you now know all the pitfalls to avoid?
