Article 5 of the Data Protection Act says that an address
Can no longer keep data two years after the act of purchase. GDPR and new technologies. The issue of new technologies and data security are also impacted. Many tools such as chatbots, AI or blockchain are among the technologies subject to the GDPR. Indeed these technologies capture data and can be processed by it. If we take the example of the blockchain, the questioning of data security is at stake. The CNIL is formal on the issue of the blockchain. The CNIL considers that there are two blockchains and that both must comply with the RGPD. Despite the Italy Email List fact that the blockchain already secures data, it is not anonymous. Indeed, blockchain users have pseudonyms.
Indeed, article 35 of the regulation provides for an impact study prior to the implementation of the processing. However, this obligation is only imposed with regard to the nature of the processing, its content, its context and its purposes. In addition, a high risk to the privacy of individuals must be plausible. Suffice to say that this article can encompass a large number of situations … Indeed, the scope of this study remains at least very vague (apart from a few very specific cases). It will be up to the CNIL to establish and publish a list of processing operations for which such a study will be necessary.
The application of general data protection regulations applies
To all third parties forming the blockchain. If we now take the example of chatbots, they collect data in order to meet customer expectations. If the latter refuses to keep the data then you will have to delete all the data. The CNIL therefore proposes that these technologies have administrators who will have more or less the same functions as a DPO. The obligation to have a DPO (Data Protection Officer) The GDPR leads to new internal restructurings. Indeed, the GDPR generates employment and requires companies to appoint a DPO. A DPO will have the task of bringing GDPR into compliance within a company. Its main objective is to respond to requests from customers or individuals regarding data protection.
The DPO does not only deal with the issue of leads and their personal information. He must work in relation to different services such as: Marketing and communication for mailing actions for example Human resources for the personal data of unsuccessful candidates From the general management. Legal resources for those who have one. Therefore the DPO must have knowledge on different subjects from law to IT. In addition, the appointment of a DPO is mandatory since May 25, 2018. If you have not hired a DPO, you must appoint one internally.
As mentioned in article 37 of the regulation :
Anybody responsible for processing data designates in any case a data protection officer. The general data protection regulations, therefore, entail a complete change in your marketing and sales strategies. It is forbidden to use data that is not consented, forced or that you have already processed. The processing thereof must be unique, that is to say, data processing for an act of purchase or similar purchases. If you enjoyed this article, check out our white paper Legal Aspects of Lead Generation. Do you want to be supported in your process of increasing your leads ? We invite you to contact our teams for more information.
However, it should be noted that these different provisions apply in cascade! This means that we will have to look at the first possibility: do I have an adequacy decision from the European Commission to effect the transfer? If so, the transfer can be done without problem. Otherwise, I go to the second: does my transfer guarantee good data protection? This reasoning applies until the last possibility. If none of these conditions are met then the transfer cannot be carried out … If you liked this article, read our articles on the topic of legal regulation or consult our white paper on ” The legal aspects of lead generation”. You want to be accompanied in your approach to increase leads ? We invite you to contact our teams for more information.