GDPR as an Opportunity to Build Trusted Relationships with Consumers

During the KuppingerCole webinar run March 16th, 2017, which has been supported by ForgeRock, several questions from attendees were left unanswered due to a huge number of questions and a lack of time to cover them all. Here are answers to questions that couldn’t be answered live during the webinar.

Q: How does two factor authentication play into GDPR regulations?

Karsten Kinast: Two factor authentication does not play into GDPR at all.

Martin Kuppinger: While two factor authentication is not a topic of GDPR, it e.g. plays a major role in another upcoming EU regulation, the PSD2 (revised Payment Services Directive), which applies to electronic payments.

Q: How do you see North American companies adhering to GDPR regulations? Do you think it will take a fine before they start incorporating the regulations into their privacy and security policies?

Eve Maler: As I noted on the webinar itself, from my conversations, these companies are even slower than European companies (granting Martin's point that European companies are far from full awareness yet) to "wake up". It seems like a Y2K phenomenon for our times. We at ForgeRock spend a lot of time working with digital transformation teams, and we find they have much lower awareness vs. risk teams. So, we encourage joint stakeholder conversations so that those experienced in the legal situation and those experienced in A/B testing of user experience flows can get together and do better on building trusted digital relationships!

Karsten Kinast: My experience is, that North American companies are adhering better and preparing more intensely for the upcoming GDPR than companies elsewhere. So, I don’t think it will need fines, because they already started preparing.

Q: Sometimes, there seems being a conflict between the “right to be forgotten” and practical requirements, e.g. for clinical trial data. Can consent override the right to be forgotten?

Karsten Kinast: While there might be a consent, the consent can be revoked. Thus, using consent to override the right to be forgotten will not work in practice.

Q: The fines for violating the GDPR regulations can be massive, up to 20 Mio € or 4% of the annual group revenue, whichever is higher. Can the fines be paid over a period of time or compensated by e.g. trainings?

Karsten Kinast: If the fine is imposed, it commonly will be in cash and in one payment.

Q: Where to learn more on consent life cycle management?

Eve Maler: Here are some resources that may be helpful:

  • My recent talk at RSA on designing a new consent strategy for digital transformation, including a proposal for a new classification system for types of permission
  • Information on the emerging Consent Receipts standard
  • Recent ForgeRock webinar on the general topic of data privacy, sharing more details about our Identity Platform and its capabilities

Martin Kuppinger: From our perspective, this is a both interesting and challenging area. Organizations must find ways to gain consent without losing their customers. This will only work when the value of the service is demonstrated to the customers and consumers. On the other hand, this also bears the opportunity of differentiating from others by demonstrating a good balance between the data collected and the value provided.

Q: Who is actually responsible for trusted digital relationships in the enterprise? Is this an IAM function?

Eve Maler: Many stakeholders in an organization have a role to play in delivering on this goal. IAM has a huge role to play, and I see consumer- and customer-facing identity projects more frequently sitting in digital transformation teams. It's my hope that the relatively new role of Chief Trust Officer will grow out of "just" privacy compliance and external evangelism to add more internal advocacy for transparency and user control.

Martin Kuppinger: It depends of the role of the IAM team in the organization. If it is more the traditional, administration and security focused role, this most commonly will an IAM function. However, the more IAM moves towards an entity that understands itself as a business enabler, closely working with other units such as marketing, the more IAM is positioned to take such central role.

Q: How big a role does consent play in solving privacy challenges overall?

Eve Maler: One way to look at it, GDPR-wise, is that it's just one-sixth of the legal bases for processing personal data, so it's a tiny part -- but we know better, if we remember that we're human beings first and ask what we'd like done if it were us in the user's chair! Another way to look at it is that asking for consent is something of an alternative to one of the other legal bases, "legitimate interests". Trust-destroying mischief could be perpetrated here. With the right consent technology and a comprehensive approach, it should be possible for an enterprise to ask for consent -- offer data sharing opportunities -- and enable consent withdrawal more freely, proving its trustworthiness more easily.


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