May I use personal data for market research purposes?
December 21, 2022 | 50,00 EUR | answered by Irmgard Helbig
Dear Data Protection Lawyer,
My name is Bernhard Melzer and I work for a small company specializing in conducting market research studies. Lately, we have been discussing whether we are allowed to use personal data for our market research purposes. Our clients often request detailed information about their target audiences in order to optimize their marketing strategies. However, we are unsure if using this data complies with current data protection laws.
Currently, we mainly use demographic data such as age, gender, and location for our analyses. We collect this information through surveys and interviews with participants in our studies. However, we are unsure if we are allowed to use this data for our purposes without the consent of the individuals involved.
My main concern is that we may be in violation of current data protection laws and may face legal consequences as a result. Therefore, I would like to know from you if it is legally permissible to use personal data for market research purposes. Are there specific requirements that must be met in order to use this data lawfully? What measures could we take to ensure that we comply with data protection regulations?
I thank you in advance for your support and look forward to your assessment on this matter.
Sincerely,
Bernhard Melzer
Dear Mr. Melzer,
Thank you for your inquiry regarding the use of personal data for market research purposes in your company. As a data protection lawyer, I can understand your concerns and will be happy to provide you with detailed information on this topic.
Firstly, it should be noted that the processing of personal data for market research purposes is generally possible, provided it complies with applicable data protection laws, especially the General Data Protection Regulation (GDPR). The GDPR sets strict rules for the processing of personal data to ensure that the privacy and rights of individuals are respected.
In your case, where you are using demographic data such as age, gender, and location for your analyses, this constitutes personal data under the GDPR. In order to lawfully use this data, you must ensure that you have a legal basis for processing it. One possible legal basis for processing personal data for market research purposes is the consent of the individuals concerned. This means that you must explicitly ask the participants of your studies for their consent to use their data for market research purposes.
It is important that consent is voluntary, informed, clear, and can be revoked at any time. You should clearly and understandably explain to the individuals the purpose for which their data will be used, how long it will be stored, and to whom it may be disclosed. Furthermore, you should ensure that the data is adequately protected and used only for the agreed-upon purpose.
If you are unable or unwilling to obtain consent from the individuals, there are other legal bases on which you can rely, such as legitimate interest. However, in this case, you must conduct a balancing of interests and be able to demonstrate that your interest in processing the data outweighs the individuals' interest in data protection.
To ensure compliance with data protection regulations, I recommend creating a data protection concept in which you document all measures for compliance with the GDPR. This includes training your employees on data protection, implementing technical and organizational measures to protect the data, and conducting data protection impact assessments.
Finally, I would like to emphasize the importance of taking data protection regulations seriously and consistently complying with them to avoid legal consequences. If you have any further questions or need assistance, I am happy to help.
Sincerely,
Irmgard Helbig
