Jim Buchanan
Jim Buchanan 7 April 2017

Does the start of Brexit mean marketers are off the hook with GDPR?

The EU GDPR comes into play in just over a year, and many businesses are not yet compliant, make sure you understand the effect Brexit will have on all this....

If you live in Europe, you would have had to try really hard not to hear the news that the UK has started the exit process from the European Union on the 29th March 2017. Though I’m pretty sure that this historic action made it to news sites globally! The media is comparing it to a painful divorce – and it does feel a bit like the UK and EU now have to sort out everything from who will get the kids the house, down to dividing up the CD collection.

One key area that the UK wants to maintain is that of trade. According to The Independent in July 2016 about 48% of total UK exports went to the EU. That’s almost half. If you think that there are 196 countries in the world, the EU member states account for 13.5%. Therefore, with 48% of exports going to 13.7% of countries, it’s certainly something worth retaining as much as possible going forward.

On the marketing side, email has been consistently highlighted as one of the best channels in terms of return on investment, with £38 per £1 spent. So along with continued trade with EU states will come the necessity to promote and process much of that trade via email.

Connecting those two points, in May 2016 the European Parliament and European Council introduced to the statute book the European Union General Data Protection Regulations (GDPR). Article 99 paragraph 2 states simply: “It shall apply from 25 May 2018.”

That is just 13 months away now.

“It shall apply from 25 May 2018”

Since the Brexit Referendum in June 2016 decided that the relationship between the UK and the EU would fundamentally change, business and marketers have wondered whether GDPR will still be relevant both throughout and after the exit process.

The simple answer is it that makes no difference. This is for two reasons:

Firstly, Article 3 of the GDPR defines the territories covered with regards to the processing of personal data. It clearly differentiates between data subjects (consumers), data controllers (businesses) and data processors (like your email service provider or CRM system which process data on behalf of businesses). The important part to note is that regardless of where the business is located, or where the processing takes place, if the data subjects are geographically based in the EU businesses need to abide by GDPR.

Secondly, assuming the 2-year timeline for negotiations after the triggering of Article 50, the UK will be part of the EU for 10 months after GDPR is enforced so marketers in the UK sending email to data subjects in the UK as part of the EU need to comply for that time. And if you remember the ROI figures above, this is no time to bury heads in the sand. If your business processes personal data and has an established presence in the EU, GDPR will still matter regardless of where the data processing takes place.

Original Article

Please login or register to add a comment.

Contribute Now!

Loving our articles? Do you have an insightful post that you want to shout about? Well, you've come to the right place! We are always looking for fresh Doughnuts to be a part of our community.

Popular Articles

See all
Digital Marketing Vs. Traditional Marketing: Which One Is Better?

Digital Marketing Vs. Traditional Marketing: Which One Is Better?

What's the difference between digital marketing and traditional marketing, and why does it matter? The answers may surprise you.

Julie Cave
Julie Cave 14 July 2016
Read more
4 Important Digital Marketing Channels You Should Know About

4 Important Digital Marketing Channels You Should Know About

It goes without saying that a company can't do without digital marketing in today's world.

Digital Doughnut Contributor
Digital Doughnut Contributor 5 November 2014
Read more
Are virtual reality and augmented reality the next step for CMS?

Are virtual reality and augmented reality the next step for CMS?

In a fitting conclusion to a year many hailed as the “year of virtual reality” (VR), in December 2016, WordPress made it possible for users to create and publish VR content on any WordPress site. The change meant that users could publish 360-degree photos on their sites, and regular photos and panoramas could be viewed in VR.

Leonie Mercedes
Leonie Mercedes 16 October 2017
Read more
Collection Of The Best Email Testing Tools Online

Collection Of The Best Email Testing Tools Online

Don’t be afraid of email testing. There are many free or freemium tools online that can help you with testing your SPAM score, deliverability and even the rendering of your email. We feature 30 email testing tools in this article. Check out the complete list!

Roland Pokornyik
Roland Pokornyik 31 October 2016
Read more
Smash your customer acquisition targets with these AB tests

Smash your customer acquisition targets with these AB tests

Don't second guess what will work best to drive new customer acquisition via referral. Plan a program of AB tests to maximise results and you could benefit from a 5-7x improvement in results!

Angela Southall
Angela Southall 17 October 2017
Read more