Skip to content
Saturday 5 September 2026London --:--Frankfurt --:--Zurich --:--
NewslettersSearchEN · DE · FR
MorningWire

European business, markets and politics

FTSE 100
10,831.09
0.00%
DAX
26,046.40
+0.17%
CAC 40
8,278.77
-0.09%
STOXX 50
6,392.93
+0.16%
  • Europe
  • Markets
  • Business
  • Economy
  • Regulation
  • Politics
  • Opinion
More
GermanyFranceEU InstitutionsCompetitionPublic AffairsBankingTechnologyEnergy
  • Germany
  • France
  • Europe
  • Markets
  • Business
  • Economy
  • Regulation
  • Politics
  • Opinion
  • DE
Monday 13 February 2017 6:31 am

A lack of guidance over the EU’s GDPR could cripple British businesses

By: Andrew Bridges

Add as a preferred source on Google

There is no denying that the General Data Protection Regulation (GDPR) marks a great step forward for data protection in the UK and across Europe.

But with less than 16 months until it comes into force, it is critical for UK businesses to start preparing now.

However, despite being the most powerful piece of data legislation to ever hit British business, we’re still no closer to clarifying the finer details of GDPR, which will allow organisations to avoid the crippling penalties of non-compliance.

Specifically, the EU is yet to issue any firm guidance on the changes around consent and profiling, two aspects of data processing which are central to marketing practices. Consent, which is the permission given by an individual to allow the processing of their personal data, has been defined by GDPR as any ‘freely given, specific, informed and unambiguous indication of agreement’. However what hasn’t been defined is whether ‘unambiguous’ means the same as ‘explicit’ and therefore requires opt in by the data subject. It’s likely that the EU supervisory authorities will look for an active rather than passive action but this hasn’t been defined in practice.

Similarly, GDPR states that data subjects are entitled to a number of rights with regards to profiling. That is the use of personal data to analyse or predict other personal aspects about an individual. Under GDPR, profiling has been given comprehensive definitions, however there is still clarity needed on how these definitions translate into practice. This is a real cause for concern, particularly for the wide array of organisations that rely on these methods to better understand their customer base.

Last month, the Article 29 Working Party released a statement detailing its ‘GDPR Action Plan for 2017’, informing that guidelines on the topics of consent and profiling would continue to be developed into the second semester of 2017. Given this timeline, it is becoming unreasonable to expect businesses to be aligned with GDPR by deadline day in May 2018.

For example, to re-consent an entire marketing database, as would be required under the new rules, is no easy feat. To process a whole campaign around consent from start to finish, sourcing renewed permission from customers to hold their data, could take more than a matter of months. Without sufficient time to complete this, businesses risk wiping out huge chunks of their database; an asset considered by many as the ‘crown jewels’ in today’s information age.

GDPR will be instrumental in helping organisations understand what they can and cannot do when it comes to customer data. The regulation is much needed and, in my experience, responsible businesses are eager to comply. However with crucial details still yet to be revealed by the supervisory authorities, the deadline for ultimate compliance needs to be reasonable. With that said, I would hope to see a 6-12 months grace period for businesses to align with the new GDPR standard come May 2018.

More imminently, the industry is in desperate need of leadership in order to stop customer communication activities stalling. The charity sector is currently at a fundraising standstill due to reprimands over its activities in relation to profiling and consent. And whilst some may have knowingly breached current data protection laws, I would suggest that the majority are simply victims of their own lack of knowledge. We can’t risk more British businesses and organisations being stifled by fear of ignorance and unknown consequences.

Admittedly, the Information Commissioners Office (ICO) is somewhat caught between a rock and a hard place when it comes to GDPR; under pressure from the data industry for direction, yet at the mercy of the Working Party for guidelines. The industry needs reassurance at this stage. We as a data business are constantly being asked for guidance in the area of profiling and consent, and are eagerly awaiting direction from above.

 

Share this article

  • Facebook
  • X
  • LinkedIn
  • WhatsApp
  • Email

Similarly tagged content:

Sections

  • News

Categories

  • Business
  • Tech

Trending Articles

  • Victoria Beckham owed £350,000 by Harvey Nichols

  • Jim O’Neill: Capital gains tax hike ‘looms’ as top option for Burnham

  • Vodafone and Deliveroo look to patch up Reform ties after Yusuf prison threats

  • M&G: FTSE 100 giant hits out at Rayner’s ground rent cap as it suffers loss

  • Labour calls for Mayor to explore London Stadium sale to West Ham

More from Morning Wire

  • TikTok loses court battle over £12.7m child privacy fine

    Tech
    Tiktok appeals to overturn US ban in a broader battle for tech regulation
  • Jenrick pledges reform for small businesses

    Politics
    Robert Jenrick speaking at a podium with BRITISH WORKERS FIRST displayed, gesturing with his right hand.
  • Take it from an AI founder, London is where it’s at

    Opinion
    London skyline with The Shard, Walkie Talkie, and Gherkin skyscrapers towering over residential buildings and autumn trees.
  • Reform to slash HMRC officials’ pay if taxpayers wait too long

    Politics
    Robert Jenrick smiling at a podium with BRITISH WORKERS FIRST text, flanked by Union Jack flags at a press conference.
  • Freenow by Lyft is enhancing the taxi experience with unique tech innovations

    Partner
    Hand holding a smartphone displaying the FreeNow by Lyft app, with a smiling driver in a car background
  • Virtana Brings System-Aware Agentic AI to Sovereign Cloud Operations

    Business Wire
  • U.S. Bank Investment Services enhances investor and client onboarding experience for alternative investments

    Business Wire
  • Nex and Bandai Namco Entertainment America Inc. Announce Collaboration to Bring PAC-MAN™ to Nex Playground in Q3 2026

    Business Wire
MorningWire

Independent European business, markets and political news for decision-makers.

Morning Briefing

Europe

  • Germany
  • France
  • EU Institutions
  • Europe

Business

  • Markets
  • Business
  • Economy
  • Regulation
  • Competition
  • Public Affairs

Editorial

  • Opinion
  • Editorial Policy
  • Corrections
  • Contact

Company

  • About Morning Wire
  • Privacy Policy
  • Terms of Use
  • Cookie Policy
© 2026 Morning Wire Ltd · Published by Morning Wire Media, Bahnhofstrasse 65, 8001 Zürich, Switzerland
Privacy · Terms · Cookies · Facebook