Category GDPR Handbook

Appearance on BBC Radio 5 Live Wake up to Money – 23 May 2018

Interviewed on the ‘zombie GDPR emails’ news story running on the BBC after I had posted the blog on LinkedIn. You can listen to my interview again here

 

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Attack of the zombies with “GDPR emails” breaks data protection laws!

This is an all-out attack by the zombies and it’s continuing post-25 May! They follow other zombies by sending us mindless emails saying this kind of crap:

“We’re committed to managing and safeguarding the information you give us when looking for a job. CLICK HERE TO STAY SIGNED UP.”

Or how about this:

“LET’S STAY IN TOUCH. Did you know? New privacy laws come in to effect on 25 May. This landmark new law is designed to improve your privacy rights. This is great news for online shoppers, so if you enjoy getting our promotional emails, just click below…”

Or this:

“We don’t want to lose you, so please take action NOW”

STOP! THINK! LEARN!

These emails are pointless!

In the UK, it’s been the law since 2003 that you can only send a marketing email to an individual recipient w...

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US companies are behind the curve on understanding how GDPR impacts their businesses

There’s an eerie lack of awareness about the impact of the GDPR on US businesses that target consumers in the European Union. According to recent research by the IAPP, complexity of laws, inadequate budget and too little time combined with the lack of qualified and trained staff have conspired to perpetuate this lack of readiness by US companies.

Here in Europe, many companies and organisations have been bracing themselves for the biggest shake-up in data protection, privacy and security for over two decades that’s fully effective from 25 May 2018 – in 13 days’ time.

I’ve been in conversations with senior US-executives who’ve boldly told me that the “GDPR doesn’t apply to them” and in any event they can rely on ‘legitimate interest’ to continue to market goods and services and monitor t...

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‘Surveillance Capitalism’ – will it survive post-GDPR?

Facebook and Cambridge Analytica now face a series of class actions for ‘surveillance capitalism’ in the US – will this open the floodgates for similar legal actions across the world?

Class Action Complaint Case No. 18-cv-02276 has been brought by Patricia King (Plaintiff) in the US District Court for the Northern District of California and has asked for trial by jury.

The class action reads as follows:

1. Facebook is a social networking platform that engages in surveillance capitalism: It monetizes personal and behavioral data which it acquires through real-time surveillance of Facebook users. (see Shoshana Zuboff, Big Other: Surveillance Capitalism and the Prospects of an Information Civilization, 30 J. Info. Tech. 75 (Apr. 4, 2015), available at http://ssrn.com/abstract=2594754).

2...

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The joys of data hygiene

Unfortunately, the article in the current edition of my favourite business newspaper The Economist in explaining the GDPR was riddled with errors. Tut tut!

Here’s an example: “Data Subjects can demand a copy of the data held on them (data portability) …” which as we all know is a subject access request (SAR) and isn’t an absolute right under the GDPR.

Another error in the article on GDPR is the bold assertion: “The GDPR is prescriptive about what organisations have to do to comply.”

Er, no it isn’t. Few bits go into detail, like the requirements for a data protection impact assessment (Art.35, GDPR) or a subject access request (Art. 15, GDPR).

The GDPR is a deliberate move away from a ‘tick-box’ approach of the Data Protection Directive 95/46/EC that it replaces and moves to a risk-ba...

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Follow the leader. Why the US needs to learn the lessons of data protection from Europe

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