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As from the 25th of May, 2018, the new privacy law (GDPR) comes into force. From then onward, all of Europe will have to abide by the same privacy regulations. The Dutch Wbp will be suspended and replaced by new regulations for processing and editing personal data. These new rules apply to your WordPress website too should you have a contact form, make use of Google Analytics, or have a webshop. In this article we explain how the new privacy law operates and what applies to your WordPress website and, therefore, deserves your attention.
This is no juridical article and no rights can be derived from its content.
Moving from a user agreement to a handling agreement
The former privacy law already required a secure processing of personal data, which was to be defined in a user agreement. The new law requires every European organization to be able to account for a secure handling of all personal data, which is to be recorded in a handling agreement. This means that you, first of all, need to know exactly what kind of personal data your organization gathers.
Secondly, you need to be able to guarantee that personal data you share with third parties, is also protected; such as personal data you share with your accountant, with your CRM or within your email marketing software. This applies to software of non-European origin as well (e.g. software supplied by American companies). You are obligated to make agreements with all your suppliers. Practically, this means the GDPR has an impact on privacy policies of organizations worldwide.
You also need to make agreements with third parties that have access to your WordPress website; like your hosting party, editors, administrators and parties that can access personal data via a plugin.
What is personal data?
What is considered to be personal data? And, when is this data deemed privacy-sensitive? Basically, all data that can identify a person as an individual. For instance, when someone fills in a contact form on your WordPress website. Data like,
- postal address
- email address
- location data (e.g. GPS coordinates)
Keep in mind that company information (e.g. the name of an organization, email address, postal address, etc.) is not considered personal data.
When is personal data regarded as extremely privacy-sensitive?
On top of ‘standard’ personal data, there is an additional category: ‘privacy-sensitive’ personal data. Should you handle data within your organization that is categorized as such, then there are additional requirements. These requirements also apply to your WordPress website, when you gather data that involves,
- Social Security Number
- Medical information
- Sexual orientation
- Religious / political preference
What rights do consumers have?
As mentioned before, the goal of the new privacy law (GDPR) is to protect the rights of the end user (consumer). This includes visitors of your WordPress website. But what exactly are their rights, and what can they demand from you as an organization?
Inform, permit and refuse
People have the right to be informed before their data is being gathered, edited and processed by your WordPress website. Users must give their explicit consent to this, too. This means providing a cookie announcement in the footer of your website, giving the option to sign up for a new letter via a tick box (that is not checked by default!). Ultimately, users must be given the option to withdraw their permission at any time, for instance by unregistering or reviewing the cookie settings again.
Individuals you have gathered personal data from on your WordPress website, are allowed to request this data from you. Organizations have to deliver this data within a month and are, in principle, not entitled to charge any costs. In addition, there is the data portability right: personal data must be able to be inspected in a reasonable manner. Excel sheets or CSV files are relatively easy to open, but a direct database dump is not.
Edit, limit and remove
Consumers are entitled to ask you to rectify faulty information, as well as request to refrain from further editing of personal data (apart from storing it). Also, every person has ‘the right to be forgotten’. Put differently, upon request you will have to be able to remove people’s data completely.
The GDPR and marketing automation
Quite possibly, you make use of marketing automation in your WordPress website. This may consist of email marketing software reminding you to respond to a comment, or to send a follow up mail once the first email has been viewed. Or perhaps adverts that are shown based on customer behavior.
People have the right to demand from you that your software cannot make automated decisions based on their data and/or behavior, unless you have explicitly have asked their permission. Therefore, in case you use marketing automation, make sure you explicitly ask your visitors permission, as well as inform them that automated decisions are made based on their personal data.
How serious is all this GDPR stuff?
The penalties that can be imposed by this law are considerable. That is, fines can run up to € 20 million or up to 4% of the annual revenue. The provided ‘grace period’ that lasts until May 2018, foretells that the GDPR will be seriously upheld. Moreover, the GDPR is applies to every organization within Europe; not only the bigger ones or the multinationals.
Make sure your WordPress website is GDPR compliant
There are many aspects to take into account in order to make sure your WordPress website complies with the new GDPR regulations. Make sure you do a Checklist: Is Your WordPress website GDPR Compliant?