GDPR Policy

All BDP Data Licences are provided with the assurance that when you hold our B2B data, this is 100% complaint with both GDPR – the General Data Protection Regulations and our GDPR Policy during the period of the licence agreement.

Our message for B2B data & GDPR.

Our message for B2B Data and certainly that from the Information Commissioners Office (ICO) is as follows:

“do not be worried about GDPR, if you are Data Protection Act (DPA) compliant already then you are well placed for GDPR compliance and this can be an excellent point to build on”

Here at BDP, we have had our share of sleepless nights wondering about the future of the industry and the conclusion is that, the more information that has been disseminated about these new regulations, the more we believe this is a good thing and will help boost the industry and its key businesses.

We have put together a whole package of information about the upcoming General Data Protection Regulation (GDPR) legislation, the Data Protection Act (DPA), and the Information Commissioners Office (ICO) for further reading in a positive light to reassure our clients and new prospects that carrying out marketing campaigns in a Business to Business Data industry is going to be a positive experience for all.

What is GDPR / PECR & DPA?

Acronym Explanations

Business Data Prospects is an award winning organisation that achieved national recognition for our Business Data and associated Marketing Campaigns.

Here we take a more in-depth look at the above acronyms and provide an explanation for the main areas that cover Business to Business Data and especially B2B Email Data Regulations here in the UK, across the EU and worldwide.

The Data Protection Act and GDPR Explained

This document sets out the basic principles of the Data Protection Act (DPA) to aid in understanding the new legal framework in the EU, and the General Data Protection Regulation (GDPR Policy) which has applied in the UK since 25 May 2018. The purpose of this document is to provide clients with a manageable, comprehensive explanation of the Data Protection laws and what BDP Agency (“We”) require from you as a client and as a data processor.
Important Points To Note

Whilst much of the new General Data Protection Regulation is already in place and agreed upon, there is still some consultation to be decided within the European Union. The new laws were enforced in their entirely on 25th May 2018 and Brexit had no effect on these new laws being implemented.

We are still waiting for a decision on whether this will effect the Privacy & Communications Regulations, the latest update being brought into effect on 9th January 2019, any further updates will be provided once in place.
Latest Guidance

What to expect and when… here is the latest guidance from the Information Commissioners Office (ICO).
Glossary

DM = Direct Marketing

DPA = Data Protection Act 1998

EEA = European Economic Area

EU = European Union

GDPR = General Data Protection Regulation

ICO = Information Commissioner’s Office

PECR = Privacy and Electronic Communications Regulations

Data Controller = the entity that determines the purposes, conditions and manner in which the data will be processed

Data Processor = the entity obtaining, recording or holding the information or data or carrying out any operation(s) on the information or data.

Basic Principles of The Data Protection Act

Schedule 1 to the Data Protection Act lists the data protection principles. In summary, personal data should be:

Processed fairly and lawfully and should satisfy at least one condition for processing.
Obtained only for one or more specified and lawful purposes.
Adequate, relevant and not excessive in relation to the purpose(s) it is fulfilling.
Kept Accurate and up-to-date
Shall not be kept for longer than is necessary for that purpose(s).
Processed in accordance with the rights of data subjects under this Act.
Appropriate measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or damage to personal data.
Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of the data subjects.

The GDPR differs to the DPA in that there is now an explicit requirement for transparency and accountability. This means it is an organisations own responsibility to be able to demonstrate that they comply with the above principles.

Please see our GDPR Accountability Policy for more information on how we comply with the principles.
Article 5 of The General Data Protection Regulation

Article 5 of the GDPR privacy laws now requires that personal data shall be:

(a) processed lawfully, fairly and in a transparent manner in relation to individuals;

(b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes;

(c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed;

(d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;

(e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the GDPR privacy laws in order to safeguard the rights and freedoms of individuals;

(f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.

Article 5(2) requires that

“the controller shall be responsible for, and be able to demonstrate, compliance with the principles.”

Information Commissioners Office (ICO)

The Data Protection Act 1998 requires every data controller (e.g. organisation, sole trader) who is processing personal information to register with the ICO, unless they are exempt. More than 400,000 organisations are currently registered, and BDP Agency requests that all our clients to register to comply with this law.

You can register here – It is a quick and easy online submission and in most cases the costs involved are minimal.

The ICO have also provided a data protection self-assessment tool to help assess your compliance with the DPA and to find out anything you need to do. This is a really useful tool that can be used in the approach to May 2018.
Electronic Communications Regulations (PECR)

The PECR sit alongside the DPA and give people specific privacy rights in relation to electronic communications. There are specific rules on marketing calls, emails, texts and faxes; cookies (and similar technologies); keeping communications services secure; and customer privacy as regards traffic and location data, itemised billing, line identification, and directory listings.

Some of the rules only apply to organisations that provide a public electronic communications network or service. But even if you are not a network or service provider, PECR will apply to you if you:

market by phone, email, text or fax;
use cookies or a similar technology on your website; or
compile a telephone directory (or a similar public directory)

More information on PECR is available here to ensure that you have sufficient and effective policies and procedures in place, and to explain more about audits.

Facts, Not Fear

GDPR Policy in a Positive Light

BDP Agency aim to provide you with our genuine advice on all things in relation to the new laws surrounding Business to Business Data Protection.

We are struggling to find information on the internet that is not loaded with fear and can sometimes be extremely confusing. BDP will endeavour to always provide you with reference documents from official channels to support our advice.

Here at BDP, in the run up to the implementation of a GDPR Policy, we were struggling to find information on the internet that was not loaded with fear, uncertainty and doubt (FUD) with the intention of frightening you about everything or anything to do with the General Data Protection Regulation (GDPR).

Many companies took this opportunity to to provide plenty of fear based articles that state everything from how you are sticking your head in the sand…. to….how they are going to lock you up and throw away the key… to…countdown clocks to the chilling date in May 2018.

In our opinion, this was an unpleasant practice and we were receiving daily calls from our clients and prospects, absolutely petrified of their next marketing move. Make no mistake, these companies are looking to make a profit from terrifying their prospects into purchasing something from them to protect your business against this fear, uncertainty and doubt.

Hopefully we have provided some insight here that is based on facts, not fear to set the record straight. There are some genuinely excellent companies out there that provide training and documentation for you and it is our aim to provide you with as much information and advice, together with a collection of resources and all this for free too.

Our GDPR Policy Promise to Our Clients

  • BDP Agency will keep you up-to-date on relevant information as this is released to us
  • BDP Agency will dedicate time to research GDPR information in relation to B2B Data
  • BDP Agency will provide you with reference documents from official channels to support advice
  • BDP Agency will endeavour to explain GDPR changes in plain English, and not use jargon
  • BDP Agency will provide our clients with GDPR guidance information in a positive light
  • BDP Agency will never create fear or scare you about GDPR
  • BDP Agency will never charge our clients for GDPR directive information as many of our competitors do
  • BDP Agency will provide GDPR information without requiring you to sign up with your email
  • BDP Agency will provide GDPR information without requiring you to complete any forms

General Data Protection Regulation (GDPR) came into effect on 25th May 2018.

Putting people first.

GDPR Accreditations

As well as being registered with the Information Commissioners Office (ICO), we have also invested in our staff to provide training and assistance in both:

– the Data Protection Act (DPA) and
– General Data Protection Regulation (GDPR)

as well as attending many further small courses. We believe in this training and recommend these companies to our current clients.

 

BDP Agency Awards & Training in Data Protection Regulation

As well as being registered with the ICO as outlined above, here are some of the companies that have provided training and assistance in both the Data Protection Act and General Data Protection Regulation to BDP Agency and we are pleased to announce that our staff have passed all their training with distinctions and received certificates in each case.

All staff are also provided with a “Data Protection Act & Security Course” during the first few weeks of their employment with our business to ensure that our company is working to the same level of service company wide.

  1. There are some great videos on the ICO youtube channel as further resource https://www.youtube.com/user/icocomms
  2. There is also a register for every Data Controller to notify the ICO. More than 400,000 organisations are currently registered. Are you registered yet? Here is the link, it takes approximately 15 minutes and for most companies, the cost is £40.00. https://ico.org.uk/for-organisations/register/

GDPR and BDP Agency.

Accountability & GDPR Policy Compliance Requirements.

Many of the GDPR’s main concepts are currently much the same as those in the current Data Protection Act (DPA).

Therefore, our ongoing compliance for B2B Data remains valid under GDPR law and has been an excellent base to build on when awaiting the implementation on 25th May 2018. Here we outline the new elements and enhancements introduced and we pledge to work closely with the Information Commissioners Office (ICO) and initiate any further changes as they are introduced.

General Data Protection Regulation Accountability

Many of the GDPR’s data protection principles are currently much the same as those in the current Data Protection Act (DPA). Therefore, our ongoing compliance for B2B Data remains valid under GDPR and therefore gave us an excellent base to build on whilst awaiting the EU General Data Protection Regulation start date of 25 May 2018.

The elements and enhancements introduced for GDPR have been implemented by BDP Agency according to the steps listed below. The GDPR regulations can be viewed as a living document, with new guidance being introduced ongoing, BDP Agency have pledged to work closely with the ICO and initiate any changes as they are introduced.

The GDPR policy text places greater emphasis on the documentation that data controllers keep to demonstrate their accountability. Therefore, BDP Agency being a supplier of B2B Data will ensure that all data we supply to our clients meet the standards outlined below and that any changes that effect our clients licensing conditions are met.

We have outlined the steps below in our GDPR Summary document and confirm that the relevant sections to our B2B Data services have been met and are monitored on an ongoing basis to identify any changes since the release of GDPR on 25th May 2018. You can also see more information on our recent GDPR accreditations too.

Step 1: Accountability and governance
1.1: Awareness
1.2: Accountability
1.3: Information you hold
1.4: Data Protection by Design and Data Protection Impact Assessments
1.5: Data Protection Officers
Step 2: Key areas to consider
2.1: Lawful basis for processing personal data
2.2: Consent
Step 3: Individuals’ rights
3.1: Communicating privacy information
3.2: Individuals’ rights
3.3: Subject access
Step 4: Breach notification
4.1: Data breaches
Step 5: Transfer of data
5.1: International

GDPR Policy and our clients.

Regulation for our clients

What Do You Need To Do?
BDP Agency have put together some specific resources for our clients to assist in becoming compliant with the new laws and further changes should they be introduced.

We believe in supporting our clients and advise that you work through the package of documents which will give you an excellent understanding of the General Data Protection Regulation (GDPR) and ensure you are closer to becoming compliant in an efficient and cost saving method.

General Data Protection Regulation for Clients

At BDP Agency, we want to work with our clients to ensure that they are also covered under the new regulations for GDPR in relation to our B2B Marketing Data. It is our intention to keep you up-to-date as new items are released on the GDPR living document. If you have any questions, regarding BDP Agency and the General Data Protection Regulation, please give us a call on 0333 200 1860.

Registration

We highly recommend you Register with the ICO for Data Protection. The Data Protection Regulations 2018 requires every organisation that processes personal information to register with the ICO. Please do this asap to ensure you are staying on the right side of the law. It takes 15 minutes and for most companies, the cost is a minimal £40.00.

Self Assessment

Once you have received your certificate from the ICO (see step 1). We recommend looking at the Self Assessment Toolkit for Data Protection. This is an opportunity for businesses to complete a questionnaire anonymously and see the results instantly in a simple traffic light system of red, amber or green for areas that are covered by your business or areas that need to be worked on. You can then divide up the tasks that you believe need to implemented with your colleagues.

IT Security

In a world where everything is operating online at an incredibly fast pace, it is essential that your IT security is of extreme importance. If you hold data within your systems you need to recognise that it may be at risk and take appropriate technical measures to secure it. The practical steps outlined in this IT Security Guide will help you decide how to manage the security of the data you hold.

GDPR Preparation

You will note on our Compliance and Accountability page, we have outlined the minimum requirements that we have personally researched for our business and this could also translate to our clients too. Take a look at these steps to identify any gaps that you still have remaining after working through the above articles.

Quick GDPR Policy Checklist

Here are a few quick questions that we believe will help you come to a conclusion about the data you hold. Being able to answer yes to every question on our GDPR Checklist means you are certainly heading in the right direction towards compliance.

  • Do you know what you are going to use the data for and is there a legitimate interest?
  • Am I satisfied that I am holding the data securely, whether its on paper or computer? and what about my website / email system or 3rd party supplier – is this secure too?
  • Do I delete / destroy data has soon as I do not have any further need for it and have I informed the relevant parties?
  • Is access to the data limited to those personnel with a strict need to know?
  • If I use CCTV, have I notified any relevant parties i.e. staff / visitors and are cameras positioned away from recording data i.e. from computer screens and have I informed the ICO has part of my data protection act registration?
  • Have I trained my staff in their duties and responsibilities under the Data Protection Act, and are they putting them into practice?
  • Do I have a policy for dealing with any issues that arise with regards to Data Protection?
  • If I’m asked to pass on personal information, am I & my staff clear when the Act allows me to do so?

GDPR Policy and latest news.

Links to Further Resources
After extensive reading and some training courses, we have put together some of the blogs, news, articles and resources that we keep up-to-date with here at Business Data Prospects.

At this present time, the new laws introduced surrounding Data Protection are vastly covered, while some points and changes are still under consultation and therefore we hope that you will find these useful as well as factual documents about their latest updates moving forward.

 

Article 29 Working Party

The Article 29 Working Party (Art. 29 WP) is made up of a representative from the data protection authority of each EU Member State, the European Data Protection Supervisor and the EU Commission. The purpose of Art. 29 WP was set out in Article 29 of the Data Protection Directive in 1996. Its mission is to provide expert advice regarding data protection.

You can find Article 29 Working Party interesting articles and latest information here

Information Commissioners Office (ICO)

The Information Commissioner’s Office is based in the UK is the independent regulatory office dealing with the Data Protection Act 1998 and the PECR across the UK.

The ICO writes the ICO Data Blog of Current Events here

The ICO also report the ICO Current News and Speeches here

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Compliance.

BDP Agency and GDPR.

Our licensing and terms and conditions ensure that all purchases from us and any consequent marketing undergone is GDPR compliant. GDPR policy regulations consist of rules regarding the processing of data and its purpose, as well as documenting use and possession.

Learn more >

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