GDPR Research Code Update

Almost one year on from the implementation of the General Data Protection Regulation (GDPR), regulatory authorities across the EU, have turned their attention to the promotion of Codes of Conduct, new sector-driven GDPR accountability tools. EFAMRO and ESOMAR, working together with national associations across the EU, support the focus on this initiative. We are drafting a new Code, to help us maintain public trust in the research and analytics sector and assist research organisations in their compliance efforts. As you would be aware the sector is currently grappling with several complex data protection issues such as:

• What is the best lawful basis (processing ground) for research studies?
• Who is the controller and/or the processor?
• When must you name the client in a research project?

all of these have proven to be key privacy talking points with a range of viewpoints on the best approach. The GDPR Research Code should allow us to resolve these issues and speak with a consistent voice. For research organisations, signing up to the Code will bring multiple benefits by:

• assisting micro, small and medium sized organisations to comply with the extensive privacy requirements; and
• providing tailored sector specific tailored guidance.

For organisations based outside the EU, this new Code will provide a powerful and effective tool to help them with their cross-border data transfers between EU and non-EU countries. It will serve as an approved legal mechanism (together with binding legal commitments) for data transfers. Clients, customers and regulators will also benefit from the clear compliance signal provided by those who voluntarily decide to sign up to the new Code. Both the European Data Protection Board (EDPB) and the UK’s Information Commissioner’s Office recently published guidance to help sector associations develop Codes of Conduct. The indicative timelines are that it will be at least Autumn 2019 before the guidance is finalised and EU wide Code submissions to regulatory authorities can begin. We in the research sector hope to be in the first tranche of approved sector Codes.  Wide consultation with sector players and consumer representatives will be important in designing a robust fit-for-purpose code. We are interested in hearing from a range of organisations on the issues so if you would like to learn more about this initiative please contact us info@efamro.eu. Dr Michelle Goddard Director of Policy & Communication EFAMRO