The entry into force of the GDPR will also affect the activities of content agencies and copywriters. These entities use personal data provided by their clients to carry out their work. This processing should be covered by a so-called processing contract.
Agencies and copywriters as processors of client data
The twenty-fifth of May this year will be a turning point in terms of GDPR not only for various institutions and companies, but also for digital and content agencies and copywriters. Publishing any content (text, photos, videos) featuring specific individuals will be directly affected by the GDPR. These activities are also processing of personal data.
If you run a content agency or work as a copywriter in it, by creating content (the aforementioned texts, photos or videos) for your clients, you are in the position of a processor of personal data provided by your clients. As such, you are only seemingly off the hook.
After the GDPR comes into force, it will be your duty, for example, to warn your client that they may not have the consent of the data subjects to process their personal data and that they are in breach of the law.
This applies, for example, to an e-book written by you that a client offers to download in exchange for an email address. The email address obtained in this way may no longer be automatically included in the database of contacts for sending newsletters. We discuss the fact that customers must give consent separately in an article called How GDPR will transform newsletter sending.
How to avoid conflicts? We recommend creating what is known as a processor agreement before you start working together. In it, list the categories of personal data you will transfer with the client and how you will do so. Define the period for which you will process the data, the purpose of this processing, the security of this database and what will happen to the data after the end of the cooperation. Any additional changes to this processing are unjustified without the consent of the persons concerned.
We have been following the GDPR and its impact on various human activities for a long time and have experts in our team who are able to help you with processing agreements. So please do not hesitate to contact us in these cases as well, we will be happy to advise you.