GDPR and Terms & Conditions for survey invites

The General Data Protection Regulation (GDPR) is a law that defines how businesses handle personal data in the European Union (EU) and the United Kingdom (UK) — the UK’s implementation of the legislature is known as the UK Data Protection Regulation. When it comes to survey invites for gathering feedback in the healthcare field, compliance with GDPR is non-negotiable. 

We’ll guide you through the key aspects of GDPR relevant to survey invites and how to incorporate them into your terms and conditions.

Understanding GDPR

GDPR, effective since May 25, 2018, aims to protect the personal data and privacy of individuals in the EU and UK. It applies to any organization that processes the personal data of individuals, regardless of the company's location or industry sector.

The key principles of GDPR are:

• Lawfulness, fairness, and transparency: Personal data must be processed lawfully, fairly, and transparently.
• Purpose limitation: Data should be collected for specific, explicit, and legitimate purposes.
• Data minimization: Only the data necessary for the intended purpose should be collected.
• Accuracy: Personal data must be accurate and kept up to date.
• Storage limitation: Data should be retained only as long as necessary.
• Integrity and confidentiality: Data must be processed securely.
• Accountability: Data controllers are responsible for compliance and must be able to demonstrate it.

Impact on survey invites

For sending out survey invites — in healthcare, but in any other case as well — we need a set of personal information about the recipient. This is usually available in (electronic) medical records, and you should have the patients’ consent for using this data; you must clearly explain how personal data is collected, used, and protected. This information should be included in your terms and conditions.

GDPR requires explicit consent from individuals before collecting their personal data. The consent must be freely given, specific, informed, and unambiguous. GDPR also requires you to implement technical and organizational measures to protect personal data against unauthorized access, accidental loss, or destruction. 

Finally, individuals have the right to access their personal data and request its deletion; your terms and conditions must inform them of these rights and provide a clear process for exercising them.

Terms & Conditions 

Your terms and conditions should be written in clear, simple language. They should cover the following aspects:

• Data collection: Explain what data will be collected, why it is being collected, and how it will be used.
• Legal basis for processing: State the legal grounds for processing personal data (e.g., consent).
• Data retention: Outline how long the data will be retained and the criteria used to determine this period.
• Data security: Describe the security measures in place to protect personal data.
• Rights of data subjects: Inform participants of their rights under GDPR, including the right to access, rectify, or delete their data.

Here’s and example of an informative clause:

By providing us with your personal information, you consent to the collection and use of your personal data as described. We collect your data to improve our healthcare services and ensure patient satisfaction. Your data will be stored securely and will not be shared with third parties without your explicit consent. You have the right to access, correct, and request the deletion of your data at any time.

Ensuring compliance

Conduct regular audits to ensure compliance with GDPR. Review your data collection practices, security measures, and consent processes periodically.

On top of that, ensure that all staff involved in data handling are trained on GDPR requirements and best practices. Keep detailed records of data processing activities, consent forms, and security measures. This documentation will come in handy for all types of audits you might have to do.

Key takeaway

GDPR significantly impacts how survey invites should be handled, especially in a sensitive industry like healthcare. Care providers must have clear, detailed terms and conditions, and ensure transparency, consent, and data security — by doing so, you are ensuring compliance with GDPR and building trust with your patients.