EU comes up Trump's?

<<< WARNING! >>>

This is not about GDPR! ... its a fictional story about the potential Triumph the EU may be handing to Trump!

You've been warned! ...

If your mailbox has been filling up with #gdpr consent requests just as mine has, please spare a moments thought for ... what comes next?

Is it possible that the EU has successfully passed dream legislation that not only favors Trump it must have him rolling around the white house carpet in uncontrolled laughter!

Some US Background First ...

Picture this ... The US administration wants to increase trade for many US based companies and has under consideration a number of trade re-negotiations within the EU. Before Trump can sign another executive order ... the EU introduces new vital, necessary and prudent regulation known as the General Data Protection Regulation (or GDPR for short) to replace the aging Data Protection Act.

And Now For Some GDPR Background ...

Just in case you been living on another planet ...

GDPR puts in place "Respect For People" which has been a long time in the coming. This law forces companies to "Do No Harm" when it comes to an individuals right to Data Privacy, Data Protection and Data Minimization of their 'Personally Identifiable Data' held by others.

Most people are perhaps more aware today than they were this time last month with only 1 more day before the GDPR deadline on May 25th when we cross this major dateline and GDPR becomes a law unto itself.

Recalling The Background To Y2k ...

If your as long in the technical tooth as I am, the preparation and arrival of GDPR shares a lot in common with the Y2k era in that if you recall, as we counted down to twelve midnight on new years eve waving good bye to 1999 and nervously asking of the new year 2000 "What Comes Next?". Lots of dubious consultants cleaning up by offering fast fix assessments, high level preparation plans and questionable implementation plans. In truth, upon reflection, as an industry, we had been preparing for Y2k for years leading up to the actual deadline and the problem was from a technical view point a hell of a lot more obvious. Y2k would at worst result in a program error and cascade from there.

Comparing Y2k to GDPR ...

GDPR is an entirely different animal. Y2k was a bug ... GDPR is a legal obligation. Don't fix your GDPR bugs and this beast can bite back! and take a serious chunk in retaliation.

The legal nature of GDPR means you don't have a choice but to take it seriously, its like staring into the mouth of a big black bear rather than the bits and bytes of a digital bug.

12 months into the GDPR warnings ... a large number are still ill prepared for what ever comes next. More don't fully comprehend what GDPR compliance really means ... perhaps that's because GDPR compliance is so difficult to comprehend and measure. Some would say a comprehensive ruler by which to take measure of your compliance level does not yet exist. Its not however difficult to measure the level of confusion in small businesses ill prepared to face up to battling the beast.

Upon reflection, when it came to Y2k it was relatively easy by comparison because it didn't come with quite the same long narrowly sharp teeth that GDPR is proudly sporting.

Remember when your mailbox held spam?

God it seems years since my mailbox held just simple valuable mail, these days its most often spam. This time last month, if your email, post and mobile messaging mailbox's are like mine, yours would normally be busy filling with the usual spam ... but then everything started to change! ... as if over night and almost as if ... dare I say it ... "me mailbox had become possessed!", possessed with the spirit of GDPR!

The evils of GDPR consent requests ...

One month later and I noted a marked down turn in spam and a major increase in "please sir ... can we have more .... GDPR consent?".

Every day for the last 4 weeks, I have been weeding my way through requests for consent coming at me by post, sms and email ... when will it stop? ... please! ... seriously!!! ... please I beg of you ... stop already!!!!.

When More Is Less ...

Ok, so what exactly do company's expect us to do, spend all day every day, just surfing the web, changing personal settings so they can keep sending spam and so they can return to the bad habits of the past. When will company's learn to be innovative, creative and learn to focus on adding value instead before coming cap in hand mail bombing me mailbox asking silly questions like ... "please sir ... would you like more? (spam)" ... seriously! You honestly want me to consent to you sending me more spam???

Seeing the Serious v Funny Side of it all ...

I have to say, its easy to see the funny side to all this. GDPR is forcing company's to face up to a new reality. But in this new reality, we need highly tailored valuable quality content, respect for our personal data and the right to be forgotten when the time comes to returning to us the data control of our personal data.

On the serious side, like many, I would imagine none of us has the time to deal with the sheer number of requests for consent landing in our mailbox's over the last 30 days. Its no longer funny when you cant see the wood for the amazon of trees now popping up asking for cookie, privacy and purpose consents.

Here's where things get really interesting ...

If most people are like me and weeding valuable sources of consent requests from those who add little value during your day to day, sorting the wood for the trees leaves you with that same cold dark feeling. So much so, that you cave in, give up and surrender to a preference to stop entertaining requests and have done so for that past 3 and half weeks as I did, here's where things get really interesting.

What Comes Next? ...

Consider the obligations and requirements on EU companies to seek and win consent to retain for the purpose of marketing, sales and communications the consent of old, new and prospective customers. Also, consider that as consumers, customers and users, we must (at this point) be getting pretty fed up with all the requests for consents landing in our mailbox. So, what do you think happens next?

US Spam v EU Spam ...

If the majority of consent requests go unanswered as they do when they find there way into mailbox's like mine ... EU business could be in big trouble. Email without spam sounds like an unattainable utopian idea. But if the sales pitches keep coming from US based firms who despite being legally obligated by the EU to conduct their business within the law choose not to up it because they are US based ... are all bets off when it comes to EU firms?

Is the EU coming up Trump's? ...

Lets take this fictional story to a potential conclusion. Could GDPR being imposed become a trade barrier that US firms choose to navigate around and instead make hay while the consent trail fails to shine for EU firms? If you were seeking competitive advantage ... has the EU handed the a trade advantage to US business by wrapping up EU firms in the need for gaining consent? Is what is coming next unfair competitive advantage of US firms over EU firms as they both battle it out for global consumers, customers and users?

GDPR Good, spam bad ...

Don't get me wrong, I 100% believe GDPR is a vitally important confirmation of a basic belief that we all have an obligation when it comes to data protection, privacy and minimization to "Do no harm" and in word and deed always live in a world with "Respect for people".

I just wondered ... when it comes to GDPR post 25th of May, what comes next?

... and is the EU coming up trump's for US v EU trade and perhaps giving up some of the EU competitive advantage to the benefit of GDPR non-compliant US firms?

Thoughts Anyone?

The End

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More About …

Brendon McLoughlin is a Technical Project Manager and Lean Black Belt Innovator. Brendon has extensive design and development experience across technology based businesses, product manufacturing and service provider industries, social and not-for-profit organisations.

Brendon has over 20 years of experience within start-ups, SME’s and global enterprises. Brendon continues to build a reputation as a creative lean thinker, innovator, researcher, blogger and evangelist. Brendon’s chosen area of research focuses on innovation Capacity, Capability and Competency building and cultivating creative core cultures in small high performance teams from small organisations to realise greater commercial value or social gain.