The General Data Protection Regulation (GDPR) is a new and significant update to European privacy legislation that increases the rights of individuals and the obligations of organizations to take efforts to protect personal information. The GDPR impacts any Thinkific customers based in Europe or that have European students/subscribers (“learners”) enrolled in their courses. 

As your partner in online education, we know how important privacy is, and we're committed to supporting you in preparing for the GDPR. We’ve prepared this guide to help you identify some topics that might pertain to your course(s) and the GDPR and some specific questions that you should be considering in regards to the regulations enacted on May 25, 2018. 

For more information on the GDPR you can visit the following sites that provide more specific information and guidance:

Note: We're your partner in online education but we’re by no means policy experts. We recommend consulting with a lawyer to figure out exactly how you need to prepare. Although here at Thinkific we’re making our own preparations for the GDPR, you will also need to make some of your own to ensure that your site is compliant. 

For example, since we give course creators full control of their data and integrations there is data handling and processing that can happen outside of our platform and outside of our control, which is why you’ll also need to prepare for GDPR on your side. Please read on for more information on how to go about that.

Collection of personal data

Under the GDPR, personal data is any piece of information that can be used on its own or in combination with other data to identify an individual. Examples of personal data include: name, mailing address, email address, social media information, or digital identifiers such as an IP address or even a cookie ID. Under the GDPR, individuals within the EU have rights around how that data is processed.

To understand the impact around the collection of personal data, think about the following questions as they relate to Thinkific and your online course:

Getting consent from your learners

Part of the GDPR regulation states that you might need to obtain consent to process the personal data of your learners or modify how you currently obtain that consent. In particular, the GDPR says that consent must be "freely given, specific, informed and unambiguous." Specific examples that you might want to consider are if you are using online advertising or retargeting apps, then you might need a heightened form of consent. Think through the following as it relates to your online course:

Collecting information from minors

Under our privacy policy, we do not knowingly provide our services to minors and it is against our terms of use to store the personal information of minors on the Thinkific site. 

Ensure that you are not collecting the personal information of minors as part of your course administration without parental consent.

Receiving GDPR data requests

The GDPR includes specific terms around an individual's right to access and control their personal data. You should think through your ability to respond to one of these kinds of requests. If you believe that you’d be unable to fulfill one of these requests you may want to consider modifying how you process the personal data of your learners.

You can find more information about how you can manage and administer the data related to your students through Thinkific in the Admins & Reports section here.

Responding to subject access requests and portability

The GDPR gives individuals the right, in certain circumstances, to request a copy of the personal data that is being processed by an organization. You must be able to provide your customers with a copy of their personal data in a common, easily readable, portable format so that they can use that data with a different service provider. Consider the following questions:

Thinkific allows you to export student data in a CSV format to help comply with these provisions. You can find more information about how you can manage and export the data related to your students through Thinkific in the Admins & Reports section here.

Erasure requests

The GDPR gives individuals the right, in certain situations, to request their personal data be erased, or that a company restrict the processing of their personal data. You should consider whether you might be obligated to erase or restrict the processing of your learners' data in response to such a request. If you're looking to fulfill an erasure request here's what you need to know:

Notification of data breaches

Rest assured that we take security very seriously and everything you store on Thinkific is maintained and stored in a secure manner. However, if you experience a data breach and the GDPR applies to you, then you might be required to notify affected users or specific regulatory bodies as quickly as 72 hours after you detect the breach. Consider compiling a data breach response plan for your business, if you don’t have one, so that you are prepared for such an incident.

Subprocessing

The GDPR has specific requirements for companies that use third party service providers to process the personal data of its users. We recommend reviewing the privacy practices of the service providers that you use, including Thinkific, to try to make sure that they adequately protect your customers’ personal data.

Do you need a Data Protection Officer?

A Data Protection Officer (DPO) is responsible for how an organization collects and processes personal data. The GDPR includes specific tasks that a DPO oversees, such as conducting data protection impact assessments when your organization changes how it collects and processes personal data. Consider whether you are required to appoint a DPO to advise on your compliance with the GDPR.

Specifically, you may require a DPO if:

You can find out more information about DPO’s here:  https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/accountability-and-governance/data-protection-officers/ 


Thinkific wants to help you to the extent that we can with preparing and being ready for GDPR. However, it’s important to note that compliance and preparation will vary depending on your course/site itself, how you have implemented/used third parties, and the extent to which you have previously considered customer privacy. We’ll do our best to help you prepare but you may wish to consider consulting a lawyer or legal counsel if you feel you’re particularly impacted or under-prepared for the GDPR.