GDPR - anyone working in this area?

GDPR - anyone working in this area?

Author
Discussion

fakenews

452 posts

77 months

Thursday 17th May 2018
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DELETED: Comment made by a member who's account has been deleted.
But they don't (any medium to large business will already comply with existing regs) and it's not - whilst Heaven is a 'basic' idea, turning Dagenham into it isn't...

GDPR is ill-thought and, with no disrespect for your vulture-esque opportunism paid services, is currently being interpreted and implemented in very different ways across organisations on the advice of overpaid lawyers and advisers. It's another cost to doing business (which the consumer will ultimately pay for), another barrier to starting one (ask the man on the street whether they see their new venture as being a Data Processor or not/whether they need a DPO) and a distraction from the everyday (try browsing the web in just over a week if you thought cookie law was bad).

As I said earlier in this thread, the bad apples who've prospered unhindered under existing laws view this as nothing but opportunity - everyone but them (and you - you're no different to someone selling inflatables to Syrian refugees in my mind) will suffer under GDPR. smile

ashleyman

6,986 posts

99 months

Thursday 17th May 2018
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I've noticed lots of stores asking me to sign up for their newsletters again. I'm wondering if I need to do something similar?

I am a photographer registered as a VAT registered limited company. My only clients are employees within advertising agencies, production companies and brands. I'm contacting these people for the p purpose of marketing my portfolio and trying to get new clients by them seeing my work and wanting to hire me.

I was told that I do not need to change anything as I have a 'Genuine business interest' in emailing these people. Is this correct? Or do I need to ask them to sign up for my newsletter again?

The newsletter is created in Mailchimp and my subscribers are all stored and managed on mail chimp.

I have a separate database of prospects in Excel, which I email 1 by 1 whilst also researching new people to email, 1 by 1 and not as part of a group or mass send.

Bikerjon

Original Poster:

2,202 posts

161 months

Thursday 17th May 2018
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Marcellus said:
or am I missing something?
I think you might be! Just look at the variations on how repeat email opt-in/out is currently being interpreted. If these regulations were so well put together, why do we have such a mess on this one aspect? A lot of these emails are coming from blue chip organisations who no doubt have had large GDPR project teams/committees in place for some time. If they can't get it right, what hope is there for the much smaller business who, dare I say it, have far more pressing issues to contend with?

Marcellus

7,120 posts

219 months

Thursday 17th May 2018
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Bikerjon said:
I think you might be! Just look at the variations on how repeat email opt-in/out is currently being interpreted. If these regulations were so well put together, why do we have such a mess on this one aspect? A lot of these emails are coming from blue chip organisations who no doubt have had large GDPR project teams/committees in place for some time. If they can't get it right, what hope is there for the much smaller business who, dare I say it, have far more pressing issues to contend with?
ah yes but the blue chips want to (or think they might want to) keep sending consumers bumf, a lot of the SMEs I know don't; when communication fizzles out (ie consumer stops replying to emails/phone calls, buys or says they're not interested/bought elsewhere) most SMEs stop communication and move on to the next consumer.

CzechItOut

2,154 posts

191 months

Thursday 17th May 2018
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[redacted]

Eric Mc

122,033 posts

265 months

Thursday 17th May 2018
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jammy-git said:
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!
Is that supposed to make it OK?

fakenews

452 posts

77 months

Thursday 17th May 2018
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CzechItOut said:
Therefore, an insurance company providing you with a renewal quote would be perfectly reasonable.
You'd think that...

But if you took some advice out there (not TinRobot's, who's clearly rolling around in money as I type hehe) you'd get this response:

They need to be able to opt-in as they please. It would not be 'reasonable' to assume everyone would want a reminder. However, for those who do not want to be reminded (who didn't opt in), they shouldn't be inconvenienced by their wishes - so if the reminder is not sent and an individual who didn't opt-in suffers as a result, the insurance company is not GDPR compliant...

I kid you not, that's the type of st I've seen. rolleyes



RicksAlfas

13,402 posts

244 months

Thursday 17th May 2018
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[redacted]

jammy-git

29,778 posts

212 months

Thursday 17th May 2018
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OK, quick hypothetical.

I only send emails to clients for correspondence on projects we're carrying out for them. Never marketing.

However, if I were to add a link in my email footer to my latest blog post or a newsletter sign up link, etc, do I suddenly need to get my clients to opt-in to my emails or can they still be sent under the legitimate purpose clause?

randlemarcus

13,524 posts

231 months

Thursday 17th May 2018
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jammy-git said:
OK, quick hypothetical.

I only send emails to clients for correspondence on projects we're carrying out for them. Never marketing.

However, if I were to add a link in my email footer to my latest blog post or a newsletter sign up link, etc, do I suddenly need to get my clients to opt-in to my emails or can they still be sent under the legitimate purpose clause?
Litmus test - what would your feelings be if it was done to you? In that instance, a URL as part of a signature would be cool by me, so will probably be cool with the ICO. Use the same signature for everything though...

fakenews

452 posts

77 months

Thursday 17th May 2018
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DELETED: Comment made by a member who's account has been deleted.
I'd say the same if I were selling snake oil. Post is accurate, based on real-world implementation of this ridiculous piece of regulation in a group of international companies (and I'm not even responsible for anything but changes), not some simple classroom scenario where Polly sends Ralph a newsletter he didn't ask for. Even you've stated similar points to me on PH about the inaccuracy of some paid advice so how can my post be inaccurate? Is yours too?

Getting back to the thrust of this, you're suggesting it's basic, so answer me this, if it's so basic why does anyone need the professional advice you peddle?

Hope that helps. smile

EddieSteadyGo

11,948 posts

203 months

Thursday 17th May 2018
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I think fair play to TR for that response. He knows I'm a bit cynical in that GDPR reminds me a bit of the Y2K bug in terms of the amount of consultant activity it is managing to generate.

But I think we do have to agree he gives a lot of free advice and it seems competent.

I did wonder for a moment, if we were going to see a rap battle with TR and FN...

https://www.youtube.com/watch?v=ssk48FCVolk

Vaud

50,519 posts

155 months

Thursday 17th May 2018
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EddieSteadyGo said:
I think fair play to TR for that response. He knows I'm a bit cynical in that GDPR reminds me a bit of the Y2K bug in terms of the amount of consultant activity it is managing to generate.

But I think we do have to agree he gives a lot of free advice and it seems competent.
I agree. His advice is pragmatic, no snake oil or scaremonger.

RicksAlfas

13,402 posts

244 months

Thursday 17th May 2018
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RicksAlfas said:
Volunteer run clubs are having palpitations about it.
DELETED: Comment made by a member who's account has been deleted.
Thanks. I’ll pass that along. biggrin

Sheepshanks

32,783 posts

119 months

Thursday 17th May 2018
quotequote all
ashleyman said:
I've noticed lots of stores asking me to sign up for their newsletters again. I'm wondering if I need to do something similar?

I am a photographer registered as a VAT registered limited company. My only clients are employees within advertising agencies, production companies and brands. I'm contacting these people for the p purpose of marketing my portfolio and trying to get new clients by them seeing my work and wanting to hire me.

I was told that I do not need to change anything as I have a 'Genuine business interest' in emailing these people. Is this correct? Or do I need to ask them to sign up for my newsletter again?

The newsletter is created in Mailchimp and my subscribers are all stored and managed on mail chimp.

I have a separate database of prospects in Excel, which I email 1 by 1 whilst also researching new people to email, 1 by 1 and not as part of a group or mass send.
DELETED: Comment made by a member who's account has been deleted.
I got one today that seemed quite bold from an office furniture company:


"What do we do with the data
We will use the data to carry out direct B2B email marketing. The lawful basis we use for this processing is "Legitimate Interest" for "direct marketing". This is covered in the GDPR. The Information Commissioner's Office (ICO) recommend that companies using this basis conduct a "Legitimate Interests Assessment" (LIA), and we have done this.

Where does the data come from
Your data was shared with us at our request by a third party data supplier.

Your right to object
You have the right to object to the processing of your personal data that we carry out. The quickest way to do this is to unsubscribe by clicking here."

fakenews

452 posts

77 months

Friday 18th May 2018
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DELETED: Comment made by a member who's account has been deleted.
Do I need to opt-in? Will I still get a hug if I don't? How long will you remember my preferences? Will you tell anyone else I'm a hugger? Will you combine arm length with hug data to calculate I'm slightly portly?

DELETED: Comment made by a member who's account has been deleted.
I'm implementing changes on a single system based upon efforts of an entire company who actually pride themselves on compliance etc. I'm telling you what the realities of this regulation mean to real business.

DELETED: Comment made by a member who's account has been deleted.
Whilst you might bore '300 people' to death over 'four days' presenting the wondrous ethos of a regulation aimed at protecting idiots from themselves, the legislation falls down in terms of clarity around implementation. Implementation itself for an existing business like ours is/was massively complex and time-consuming. I raise your chip and give you a potato.

DELETED: Comment made by a member who's account has been deleted.
Exactly, no other regulation has caused such reaction. Wonder why?

DELETED: Comment made by a member who's account has been deleted.
DELETED: Comment made by a member who's account has been deleted.

Hoofy

76,366 posts

282 months

Friday 18th May 2018
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I just received a "Opt in and you will receive a free XYZ." biggrin

EddieSteadyGo

11,948 posts

203 months

Friday 18th May 2018
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fakenews said:
Thank you. If I wasn't still suffering from a severed testicle I might do the same. Instead I have to tend to a mottled scrotum that resembles a hairy, weeping two fingered stalactite that now extends further than my own manhood, flapping about in such a manner that I regularly deflect piss down myself. Spend a day in my urine filled shoes and then see if GDPR means a damn. I didn't lose my arse to data processors, I lost my testicle to DFS furniture I've not even paid for yet. Quote that in your seminars! mad
Bizarre paragraph or just oversharing? scratchchin

bitchstewie

51,264 posts

210 months

Friday 18th May 2018
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anonymous said:
[redacted]
For what it's worth, ignoring GDPR and simply wanting to do damage limitation over that kind of fk up that's exactly the sort of thing I'd be looking at something like MailChimp for as it'll handle the "don't put everyone in the To box" stuff for them assuming they can deal with that.. smile

Eric Mc

122,033 posts

265 months

Friday 18th May 2018
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If a reply has to be that detailed and expansive, you know the legislation is flawed.