How the right to a database is applied

One of the fundamental challenges that a company faces is the legal implications of its actions. Almost all businesses have an advisor who helps them analyze the practices that are carried out on a daily basis in order to avoid falling into illegality. Today we want to talk about the specific characteristics of a tool that is widely used by companies around the world: the databases.

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Databases as a work tool

Many companies need to keep a list of their customers in order to initiate specific distribution and promotion actions. Thus, from the beginning, a list of the people who come into contact with the company in one way or another is built, including data such as name, contact methods and specific interests. Databases are often used to segment specific actions that are much more profitable or to somehow address the contacts that make them up.

How to build a database

Personal databases

Normally, a company is able to build a good database based on the relationship with other companies and individuals during the exercise of their activity. This means that over time, you will create a list of different contacts using different methods that can be useful to you in the future. For example, by subscribing to a service or registering on a website The necessary data of a contact is acquired through a completely legal process. This would therefore be the clearest and most ethical way of obtaining a good list of contacts that can be segmented and processed to create promotional campaigns.

However, When a business is starting up, it normally does not have that relationship of customer data., which is why many companies are considering actions that may be considered illegal. We are referring to the Purchase of databases built by other companiesThe sale of this type of private information is illegal according to the provisions of articles 43 and following of the LOPD 15/1999 and articles 37 and following of the LSSICE. Therefore, failure to comply with this provision may result in significant financial penalties.

Generic databases

They are based on public domain data, which are collected when a natural person or legal entity publishes data openly, that is, adds their address, telephone number or email address somewhere on the web. Thus, different robots are used that crawl a large number of websites to make a list of the data collected. These types of databases can be bought and sold, since they are made up of information that the owner has made available to all users. They must be differentiated from those of a personal nature, which are made based on private information that a person or entity makes available to another person or company.

How to create a personal database legally?

So that personal data of a person or business can be included in our database This must have given us its consent. Thus, there are different ways of obtaining this information, such as directly, by telephone, in physical visits or on the street, or by digital methods, such as a registration campaign on a website. Normally, when we use this last method, theCompanies use confirmation mechanisms, for example, through an email with a linkIf the recipient clicks on it, it will be understood that he/she agrees to have his/her personal data added to our database.

It is very important to pay attention to the application of the right to our company's database to avoid financial penalties or problems with our customers.

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