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With the GDPR compliance deadline just over six months away, the UK’s small business community remains unsure about a number of related issues.
Small to medium enterprises (SMEs) are struggling to come to grips with what “personal data” really means, their customers’ new and extended rights, and whether the permissions they currently have to contact customers will meet the requirements of GDPR.
This is one of the key findings of the Close Brothers Business Barometer, a quarterly survey that questions more than 900 SME owners and senior management across a range of sectors and regions in the UK and Republic of Ireland.
“GDPR is intended to strengthen and unify data protection for individuals within the EU, but will also affect the UK regardless of Brexit,” said Neil Davies, CEO of Close Brothers Asset Finance.
“It will ensure that all personal data has to be managed in a safe and secure way, has to be gathered lawfully, is only used for the purposes for which it was collected, and must be accurate and up to date.
Vague understanding of GDPR compliance
“The figures from the barometer tell us that uncertainty persists on a number of key compliance issues, and SMEs are concerned about the implications for their business.”
Less than a third (31%) of SMEs answered “yes” to the question, “Are you clear what ‘personal data’ means in a business context?”, with 50% responding “sort of” and the remaining 19% saying “no”.
“On a positive note, 73% of firm owners categorically stated that they do not share customers’ personal data with third parties,” said Neil. “There are, however, companies openly admitting to sharing customers’ details (8%), and a further 18% conceding they were unsure of whether they do or not.”
Less than half (48%) of respondents said they understand the new and extended rights that customers have when it comes to collecting and utilising their personal information.
“The GDPR’s definition of personal data makes it clear that even online identifiers, for example an IP address, can be personal data,” said Neil. “The new definitions provide for a wide range of personal identifiers to constitute personal data, reflecting changes in technology and the way organisations collect information about people.
“This example shows just how detailed the new regulations are going to be, and it’s incumbent on business owners to understand what this means to them.”
Customers must consent to data gathering
Despite the lack of clear understanding of the extended rights customers will have, 58% of SMEs are confident that the permissions they currently have to contact customers will meet the requirements of GDPR.
“This still leaves more than 40% of firms which are unconvinced about their readiness ahead of 25 May 2018,” said Neil. “How it works is that companies must get prior consent from data subjects – opt in – and record that consent. What’s more, the consent must relate specifically to the purposes of why a company needs that data – companies cannot get consent for one purpose and then use the gathered personal data for another.
“On top of this, consumers must be able to revoke their consent as easily as it was originally given, because many consumers complain that it is easy to opt in to data gathering, but difficult to unsubscribe or opt out.”
Of those polled, 44% said they had a process in place to ensure their firm was collecting data in the correct manner, against 35% who were “unsure” and 21% admitting they had no existing process in place
“Businesses have to be seen to be compliant, and this includes ensuring these sorts of processes are in place to ensure customers are fairly treated,” said Neil.
Read more about General Data Protection Regulation compliance
- The General Data Protection Regulation comes into force in May 2018. We explore common myths surrounding GDPR.
- Experts discuss how to make sure your organisation is ready for GDPR compliance, how it will affect the business and what it actually means.
- A last dash for compliance with GDPR has begun across Europe and, despite the advance warning, some organisations will fall short.