What is the influence of the CNIL on commercial prospecting?
The General Data Protection Regulation, recognized as “GDPR”, in force since May 25, 2018, is a European text intended to regulate the processing of personal data in the territory of the Union of Europe. Signs the modification of the law relating to the computer, the archives and the freedoms of 6 of enero of 1978. The C NIL is the regulator. Cooperation with the CNIL in the processing of personal data in the context of commercial prospecting is obligatory. What is the CNIL and what is its impact on commercial prospecting?
¿What is the CNIL?
Is an independent administrative authority responsible for the protection of personal data in France. The C NIL or the National Commission for Information Technology and Liberties carried out checks at the level of the companies to verify the accumulation of their actions with the GDPR . Guarantee that digitalization and digital technology do not infringe human identity, privacy and individual freedom. The CNIL has taken into account its conformity requirements with Law Nº 78-17 of 6 of 1978, amended by 6 of August of 2004.
Here are these main missions:
- Inform: inform people of their obligations and derechos.
- Regular: apoya has the gestures in addition to digital projects. It is requested for all projects related to the protection of personal data (facts, defense and public security). To facilitate transactions for common requests, the CNIL has established simplified standards.
- Protect: ayuda a los ciudadanos a ejercer sus derechos (access to the files and data that they concern, receipt and investigation of denuncias). Support data protection delegates designated by the companies.
- Control: controls the computer process in the companies. Verify respect for individual freedom, but also the security of the information system.
- Penalty: if there is a violation of the provisions relating to the GDPR, following formal notification, the CNIL may impose sanctions that result in multiple legal proceedings (before the competent court, before the tax court)
- Anticipate: we must be able to anticipate technological advances to evaluate the consequences of the exercise of our rights and freedoms.
In commercial prospecting, the CNIL aims to protect the persons approached.
Commercial prospecting and CNIL
In terms of commercial prospecting, the CNIL's verifications are based on the main lines: the “free, specific, informed and inequitable” consent respect of the last opinion of the people.
In this case, in general, the application of the GDPR and the existence of the CNIL do not change the standards for commercial prospecting. Sin embargo, the basic principles must be respected:
- For individuals or BtoC , the inquiry can be carried out under the sole condition that the person has explicitly consented at the time of the compilation of personal data. The person must be able to object easily and for free.
- For professionals or BtoB , the manager must be informed beforehand that his electronic correspondence direction will be used for prospecting purposes. You also have to decide what to do. For other reasons, the generic commercial directions (contact details of legal persons) are not subject to the derecho of your position. The prospecting theme must be based on the profession of the person you are going to.
Data transfer
With time, these data are transmitted between business partners. The CNIL recognizes that businesses that carry out commercial prospecting based on data compiled by other businesses must obtain the free and specific consent of Internet users prior to their prospecting.
Under these conditions, any organization that has contact data and intends to share with other organizations to carry out the prospecting, regardless of the channels used, must be complied with in advance with the following devices:
- The person must have their consent so that they are directed to their compartment with others. Before this, you must be informed of the transmission and your proposal.
- The person can be offered by a simple and free medium. Concretely, the error in the opinion must be materialized through a verification box accompanied by a message that states this opinion.
- The person must have access to the list of socios that receive the data (visible in the form).
- The person must be at all of the changes on the list. An exhaustive, up-to-date list should be visible directly in the formula across the lines of an embrace.
- The consent compiled by the company that compiled the data in number from its sole members is valid for its ultimate purposes.
- The socios que solicitan a las personas deben darles el derecho de objectar. You must also indicate the origin of your sources.
This information on the processing of personal data must be proportionate to the interest.
Personal data cannot be transmitted by the European Union (accompanied by the European Directive on October 24, 1995) if the country of destination does not offer an adequate level of protection. Some countries that are not members of the Union of Europe have adopted their similar recognitions by their member states (Mónaco, Suiza, etc.). More all of Europe Canada, Australia, Senegal, …. Also it is equipped with an equivalent authority. United States, Japan… For another part, the legislation adopted to guarantee that the judicial courts are responsible for punishing the offenses.
The CNIL supervised commercial prospecting. Guarantee a good practice of commercial prospecting: the verification of the naturalness and the origin of the data; the supervision of the contract with subcontractors; and inform interested parties.
