The legal rules of the game in the area of online shops and affiliate marketing keep changing. Also this year there are some innovations to consider. Here we explain exactly what will change in 2018 in the GDPR for online shops and affiliates.
Reading tip: GDPR checklist
When will the new General Data Protection Regulation change?
As early as May 2016, the first areas of the new law change became binding. The new regulation will finally come into effect in full from May 25, 2018. The aim of this regulation is to create a largely uniform data protection law in all associated countries. The revised GDPR replaces its predecessor model 95/46 / EC from 1995. This is necessary to be able to react to the changes of the new digital age.
Who is affected by the new GDPR?
The new ordinance applies to all member states and is adapted to the respective national law. Especially providers and entrepreneurs in the field of e-commerce have to be prepared for some changes. Especially in the area of data collection, the new GDPR is now stricter and retailers in this area have to adapt their online shops accordingly.
Major changes can be made, especially for smaller web shops. As they do not fall under all areas of data and consumer protection, retailers need to obtain precise information here. It is important to identify which areas of the business are affected and which optimizations must be made in order to meet the new legal standards.
What will the new GDPR change for online shops and affiliates?
In particular, the areas of data protection and consumer rights, such as claims to warranties or product guarantees, have been adapted for online shops and affiliates through the new GDPR.
GDPR 2018 – Data protection area
Central aspects of data protection within the new regulation are still data economy, legality, correctness, confidentiality, integrity, earmarking, time limits for storage and accountability.
Another new aspect is the aspect of transparency. Dealers now have an increasingly detailed obligation to provide information about the whereabouts, use and disclosure of customer data. A very important additional point within the regulation says that customers now have to be able to request a data change or deletion. The seller must now show the permission to use data more obviously in the form of checkboxes on his side. In doing so, he must also indicate that data can be irrevocably deleted from the system at the customer’s request without giving reasons.
Another important change concerns the formation of contracts. If it was previously possible for the seller to request the transfer of customer data for the conclusion of contracts, such a coupling now contradicts the new regulation. Customers can therefore decide for themselves whether they consent to the use of their data when completing the purchase.
According to the new regulation, sellers must also give their customers the right to access the data. Until now, this was voluntarily regulated in electronic form by the dealers. The new legal situation now makes it a mandatory part.
GDPR 2018 – Consumer Rights Area
The new General Data Protection Regulation has many advantages for consumers. Not only that information on data collection and use must be made more easily accessible. The creation of a data profile by the retailer can now also be objected to.
Until now, many consumers only felt secure with regard to their data on the German e-commerce market, but now they can breathe a sigh of relief from the now almost uniform EU regulation. Foreign sellers are now also obliged to manage the data according to set framework conditions. As a result, consumers are protected under the umbrella of the GDPR even when purchasing with international data transfer.
Reasons for the new GDPR for online shops and affiliates
As already mentioned, the digital framework conditions that have changed since the 1990s until today are the main reason for the new GDPR for online shops and affiliates.
Above all, increasing globalization plays a decisive role here. The online business has been growing rapidly for years and customers are increasingly buying products from foreign dealers and portals. From a consumer law perspective, a uniform data protection system has therefore become essential.
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