Am I allowed to use personal data for market research purposes?
August 27, 2022 | 50,00 EUR | answered by Andrea Schlattmann
Dear lawyer,
My name is Alwin Hagedorn and I work for a small company that manufactures products in the healthcare sector. We would like to conduct a market research study to learn more about the needs and preferences of our customers. To do this, we would like to collect personal data such as age, gender, location, and health data of our customers.
My concern is that we may be in violation of data protection laws. I want to ensure that we comply with all legal requirements and do not risk any fines. Is there a way we can use this data for our market research purposes without violating data protection laws?
Thank you in advance for your help and advice.
Sincerely,
Alwin Hagedorn
Dear Mr. Hagedorn,
Thank you for your inquiry regarding the market research study in your company in the field of health care. It is understandable that you are concerned about data protection and want to ensure that all legal requirements are met. Indeed, it is important, especially in the field of health data, to handle personal data sensitively in order to avoid data protection violations.
First and foremost, it is important to note that the processing of personal data, especially sensitive data such as health data, is strictly regulated by the General Data Protection Regulation (GDPR). There needs to be a legal basis for the processing of this data, as well as compliance with the principles of the GDPR, such as purpose limitation, data minimization, and transparency.
For the processing of health data for market research purposes, consent from the individuals concerned could be a possible legal basis. However, this consent must be voluntary, informed, and unequivocal. Individuals must be clear about the purpose for which their data is being used and they must have the opportunity to withdraw their consent at any time.
Furthermore, it is important that the collected data is only used for the specified purpose of market research and not for other purposes. Additionally, the data should be anonymized and pseudonymized to protect the identity of the individuals concerned.
It is advisable to conduct a data protection impact assessment to identify potential data protection risks in advance and take appropriate measures to minimize risks. Additionally, you should ensure that your employees are trained in handling personal data and comply with data protection regulations.
Overall, it is important that you familiarize yourself with data protection regulations and seek legal advice if necessary to ensure that your market research study complies with data protection laws and that you do not risk fines.
I hope this information is helpful to you and I am available for any further questions.
Best regards,
Andrea Schlattmann
Data Protection Lawyer
