The Basics: General Data Protection Regulation (GDPR) for USA based companies doing business in the European Union (EU)

The General Data Protection Regulation (GDPR) is a set of rules that every United States-based company with a web presence should be aware of. Effective from May 25, 2018, the GDPR governs the collection and processing of personal data of EU citizens. This means that if you target customers in the EU and collect personal information such as names or email addresses, you must follow specific rules. Failure to comply with these rules can result in hefty fines and penalties. In this blog post, we will explore what kinds of data collection are part of the GDPR, the exceptions to the rule, and the penalties for not complying with the GDPR. We will also provide guidance on how to avoid being fined and maintain compliance with the GDPR. Read on to learn more about this important regulation that can affect your business.

What kinds of data collection is part of the GDPR?

  • Name
  • Photo
  • Email address
  • Social media post
  • Personal medical information
  • IP address
  • Bank details

For example if you target customers in the UE using their native language such as French and ask for contact information such as name or email in order to: download a white paper, sign up for an newsletter, ask for a quote, or sell a product/service from someone in the EU you will need to:

  • Explain how the information will be used, how long it is being retained, and if it is being shared with any third-parties
  • Ask for permission to use the information- do not have a link to your terms and conditions
  • Parental consent will be required to process any data relating to children ages 16 and under.
  • Appoint a representative in the EU oversee the collection and processing of the information in the cloud and get permission to make the info available to others within your company.

Exception to the rule:

If a EU based individual searched on Google and finds your English language website for US customers then the rules would not apply.

Penalties for not complying with the GDPR:

Companies may be required to pay up to 4% of the global turnover or 20 million Euro. Plus, companies maybe fined 2% for not taking measure to properly maintain and secure the data.

If a data breach occurs the company has 72 hours to notify the data protection agency and inform individuals without “undue delay.”

Conclusion

The General Data Protection Regulation (GDPR) is a set of rules designed to protect the personal data of individuals in the European Union. If you are a United States based company with a web presence that collects data from individuals in the EU, it is important to comply with the GDPR regulations to avoid penalties and fines.

This means being transparent about how data is collected and used, obtaining explicit consent from individuals, appointing a representative in the EU, and properly maintaining and securing data. Failure to comply with the regulations can result in significant financial penalties, so it’s essential to stay informed and ensure your company is in compliance.

Remember, protecting personal data is not only a legal obligation but also a matter of trust and respect for your customers.

For more information, visit the GDPR website.

If you’re feeling overwhelmed and confused about how to ensure your business’s website complies with GDPR, Full Scale Marketing is here to help. We can provide guidance and support to ensure your website meets all of the necessary regulations.

Don’t risk costly fines and penalties – contact us today to learn more about how we can help your business navigate GDPR compliance. Email Full Scale Marketing at office@fullscale-marketing.com or call us at 407-340-8573.