GDPR - Watch Out

By Morten B. Reitoft

I don't know about you, but I have received WAY more spam after GDPR was introduced. I have also come to understand that the European regulation interpretation is widely interpreted to fit the purpose. 

As I am not a lawyer, I won't suggest anything in relation to how you use emails in your communication, but being an editor, doing films - I will give you some advice that you should take seriously.

GDPR intends to secure privacy and ensure that your data isn't used without your consent. You shall always have access to information registered on you, and you should be able to get data deleted unless it's needed to serve your obligations. If you, i.e., have a bank loan, you can't ask the bank to delete personal data related to your duties of repaying, address, etc. This is just an example and in layman words.

Any court has not challenged the GDPR directive at the current time, so therefore the interpretation of the same can be widely discussed and interpreted until someone files a case, and a supreme court judge will rule.

However, where most printing companies and vendors believe GDPR is related to customers and marketing, GDPR also applies to employees.

If you have employees that appear in your marketing and communication, you will need specific consent for every appearance. So. When an employee appears in a film, get written permission. When an employee participates in a recorded conference or webinar and published in your channels, get written consent, etc. An employee, or any person for that matter, can ALWAYS withdraw the given consent. That is important to be aware of, so when we recommend getting permission anyway, you have the right to use any material without risking a court case. Now the employee will have to withdraw the permission, and you will have time to react towards the claim.

While people are working together and all things are good, most will not think of this - but sometimes employments don't end happy - and then you can ask yourself how things can turn out.

If you don't get consent from an employee, you can't use the person's name or photo in any promotion that identifies that person. That can be in a film, in webinars, at conferences, tradeshows, etc. So, every printing company and vendor need to get this fixed ASAP.

Remember, this has to for every appearance!

We know of companies where this has become a problem. Even though email communication or other forms for documentation prove that an employee gave his or her consent orally, the outcome is a matter of what you can prove in court, not what the intention was while things were going fine.

INKISH will soon release a form that you can use to get consent from employees. This is more important that I would like to think of but seriously needs to be done to avoid dreadful situations.