GDPR - anyone working in this area?

GDPR - anyone working in this area?

Author
Discussion

Hoofy

76,366 posts

282 months

Thursday 17th May 2018
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Hoofy said:
Because that is against the rules?
DELETED: Comment made by a member who's account has been deleted.
biggrin I meant competitions linked to opt-ins.

RM

592 posts

97 months

Thursday 17th May 2018
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jammy-git said:
If you can show that the customer has given you permission for a specific purpose then you don't nee to re-ask them for permission for that purpose again.
DELETED: Comment made by a member who's account has been deleted.
What if consent was given, for example by double opt-in using MailChimp, but you can't in any practical fashion tell when consent was given (anytime in the last 10 years for example). I assume in this case you would need to re-consent?

Eric Mc

122,033 posts

265 months

Thursday 17th May 2018
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How this act REALLY works won't be properly understood as we will need a raft of court cases to clarify how the law actually should be interpreted.

rdjohn

6,184 posts

195 months

Thursday 17th May 2018
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I normally live in France. It is interesting that virtually every company from the UK and the big US ones have already written to me about consents.

But the French ones are conspicuous by their absence. Which is a pity as they can be the most irritating. Especially the worlds largest Supermarket Carrefour. I have been trying to unsubscribe for ages, but you can only deselect things you do not want.

Everything is not however an option.

bitchstewie

51,264 posts

210 months

Thursday 17th May 2018
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Eric Mc said:
How this act REALLY works won't be properly understood as we will need a raft of court cases to clarify how the law actually should be interpreted.
Flip side is that the ICO seem to have made clear that they don't intend handing out massive fines for sts and giggles.

Intention seems to be that you'd need to be pretty much negligent to your responsibilities rather than (for example) sending a customer a single email and being clobbered for it.

Vaud

50,519 posts

155 months

Thursday 17th May 2018
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bhstewie said:
Flip side is that the ICO seem to have made clear that they don't intend handing out massive fines for sts and giggles.

Intention seems to be that you'd need to be pretty much negligent to your responsibilities rather than (for example) sending a customer a single email and being clobbered for it.
Correct. They have been clear and vocal that they are a fair regulator and their interest is for people to take better care of data, not to run around fining people. The big fines will be saved for the very big offenders (e.g. if banks do silly things and can't show clear plans)

The ICOs position has been that it is a start point, not an end point come May 25.

RicksAlfas

13,402 posts

244 months

Thursday 17th May 2018
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anonymous said:
[redacted]
I suspect there will be some high profile cases against big institutions - banks, insurance, Google, and then the fuss will die down.
Hopefully it won't turn into the next PPI with "helpful" lawyers offering to check up on your data for you.

Every business I know is devoting time they can ill afford to this. Volunteer run clubs are having palpitations about it. And do you know what? The unscrupulous sorts who sell or pass on data will simply carry on doing so... rolleyes


This is my favourite bit of the ICO website:
"...standard contract clauses may be provided by the European Commission or the ICO, and may form part of certification schemes. However at the moment no standard clauses have been drafted."

Come on chaps, you've only got a week! biggrin

anonymous-user

54 months

Thursday 17th May 2018
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RicksAlfas said:
Hopefully it won't turn into the next PPI with "helpful" lawyers offering to check up on your data for you.
You can guarantee it will turn into the next PPI. rolleyes

fakenews

452 posts

77 months

Thursday 17th May 2018
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bhstewie said:
Flip side is that the ICO seem to have made clear that they don't intend handing out massive fines for sts and giggles.

Intention seems to be that you'd need to be pretty much negligent to your responsibilities rather than (for example) sending a customer a single email and being clobbered for it.
I hope penalties are limited to those completely flouting the rules, collecting and selling data at scale without consent for profit. Either way, good companies with strong principles are paying through the nose (time and money) to check their compliance against these new rules - really doesn't sit well with me, especially as many 'experts' haven't a clue how an ill-thought regulation applies to complicated real-world companies.

plasticpig

12,932 posts

225 months

Thursday 17th May 2018
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The next big GDPR clusterfk is Google and their AdMob in app advertising platform.
If an $800 billion tech giant can't get GDPR right then how can apps developed by individuals or micro companies be expected to get it right?






fakenews

452 posts

77 months

Thursday 17th May 2018
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plasticpig said:
The next big GDPR clusterfk is Google and their AdMob in app advertising platform.
If an $800 billion tech giant can't get GDPR right then how can apps developed by individuals or micro companies be expected to get it right?
Wow, don't understand much of that article but that's awful.

Eric Mc

122,033 posts

265 months

Thursday 17th May 2018
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fakenews said:
I hope penalties are limited to those completely flouting the rules
And that is a pretty dreadful position for businesses to be in "- "hoping" they aren't going to be targeted by the ICO because no one know really what they need to be doing.

fakenews

452 posts

77 months

Thursday 17th May 2018
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Eric Mc said:
And that is a pretty dreadful position for businesses to be in "- "hoping" they aren't going to be targeted by the ICO because no one know really what they need to be doing.
Very true. Trouble with this regulation is that just one error/oversight would see you being non-compliant. It could be a legacy form on an old part of your website with pre-ticked boxes (sending referrer and IP too), a 3rd party tracking script, any non-hashed server log or web-design which uses GET instead of POST. Some of these examples are from the business I work for. No large company could ever be 100% compliant in my mind - there will be something somewhere.

How long until the go to option for disgruntled consumers is to run to the ICO... frown

Frimley111R

15,668 posts

234 months

Thursday 17th May 2018
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|To lighten the thread a little with this from the Sean Connery joke thread...

GDPR walks into a club and asks the DJ to play ‘Give a little respect’.

The DJ declines.

GDPR starts shouting, demanding their right to Erasure….

Hoofy

76,366 posts

282 months

Thursday 17th May 2018
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biggrin

bitchstewie

51,264 posts

210 months

Thursday 17th May 2018
quotequote all
fakenews said:
bhstewie said:
Flip side is that the ICO seem to have made clear that they don't intend handing out massive fines for sts and giggles.

Intention seems to be that you'd need to be pretty much negligent to your responsibilities rather than (for example) sending a customer a single email and being clobbered for it.
I hope penalties are limited to those completely flouting the rules, collecting and selling data at scale without consent for profit. Either way, good companies with strong principles are paying through the nose (time and money) to check their compliance against these new rules - really doesn't sit well with me, especially as many 'experts' haven't a clue how an ill-thought regulation applies to complicated real-world companies.
I think a lot of it is simply common sense though.

For example if you spend your days on the train with an unencrypted laptop full of all your customers details and you shouldn't need a consultant or regulations to tell you that you're being negligent.

I'd hope and expect a dimmer view would be taken of that than someone who's sending their customers a weekly email and who honours "remove me" requests.

Sheepshanks

32,783 posts

119 months

Thursday 17th May 2018
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rdjohn said:
I normally live in France. It is interesting that virtually every company from the UK and the big US ones have already written to me about consents.

But the French ones are conspicuous by their absence.
That's at odds with our French colleagues attitude - they're quite exercised about GDPR.

Not as much as the Germans though - they're basically saying they won't be able to work after 25th May as it'll be illegal to contact anyone!

jammy-git

29,778 posts

212 months

Thursday 17th May 2018
quotequote all
Eric Mc said:
fakenews said:
I hope penalties are limited to those completely flouting the rules
And that is a pretty dreadful position for businesses to be in "- "hoping" they aren't going to be targeted by the ICO because no one know really what they need to be doing.
No different to HMRC and taxes!

bitchstewie

51,264 posts

210 months

Thursday 17th May 2018
quotequote all
fakenews said:
Very true. Trouble with this regulation is that just one error/oversight would see you being non-compliant. It could be a legacy form on an old part of your website with pre-ticked boxes (sending referrer and IP too), a 3rd party tracking script, any non-hashed server log or web-design which uses GET instead of POST. Some of these examples are from the business I work for. No large company could ever be 100% compliant in my mind - there will be something somewhere.

How long until the go to option for disgruntled consumers is to run to the ICO... frown
But again, just fix it assuming it's not willfully negligent.

If the ICO fines anyone for a pre-ticked box on a website I'd be amazed.

This st, fine away https://www.theregister.co.uk/2018/05/17/cps_325k_...

Marcellus

7,120 posts

219 months

Thursday 17th May 2018
quotequote all
DELETED: Comment made by a member who's account has been deleted.
Picking up on this it is pretty basic isn't it?

Thinking of most small companies who are given personal data during the course of their daily business, if they;
- take all reasonable steps to safeguard any PI given.
- do not share any PI with anyone without that persons explicit consent.
- not to use the PI for any purpose other than what it was given for.
- let the PI know that can get a copy of all PI held if they wish foc.
- only hold the PI for a reasonable defined period
- that the company will make any PI anonymous if requested to and the company has no valid reason not to (such as contractual relationship, tax, regulatory purposes)

or am I missing something?