GDPR- Unlearn and re-learn: Busting the GDPR Myths

GDPR- Unlearn and re-learn: Busting the GDPR Myths

If a sapling was planted every time there was a misconception about GDPR, we'd have probably defeated global warming by now. Any new revolution, be it in technology, philosophy or any other dimension, always creates chaos and confusion during its inception, bringing along with it, a plethora of misconceptions as well. However, it is time we got it all cleared from our heads. 

You might have been a victim of this contagion as well, or have you not? Let us unlearn the (un)popular misconceptions and try to bring in the clarity of crystals to our GDPR understanding.

Consent is an alias of GDPR

The worst of dreams by the GDPR experts will probably involve them yelling 'Consent alone is not GDPR!!', into the psychic space of their co-workers. Because this is, by far, the biggest misunderstanding. GDPR does put high emphasis on consent, but it is not the whole picture. 

There are six lawful bases and they're all equally valid. Say you are a firm based out of Amsterdam and you are employing locals. You don't need to get their consent for storing their information on your register, because the law mandates it. It will fall under the 'legal obligation' umbrella. If a person gets interested about your product and asks for a quote, you don't have to bother him with consent. Because you can process his contact information based on 'Contract'.

Hence, we must keep an open eye and consider all the six lawful bases before applying them to our data processing activities.

Consent is just a check box

Most of us are thinking that the holy check in 'I agree to the Terms & Conditions and Privacy Policy' is the consent we need. Well, no! In fact, that is the first example of what is not a consent, in the ICO website.

There are specific rules to be kept in mind when consent is taken. We must first state all ways in which we shall process the data we are collecting. And furthermore, we must not make it a precondition of a service, which is exactly what we do with the 'I agree to the Terms & Conditions and Privacy Policy' check box. Consent must be given freely with no pre-checked boxes. And even if the boxes are not checked by the subject, the service must not be denied. Hence, before taking the consent route, the whole processing tree must be analysed, and the decision on whether or not to take this route should be made.

GDPR is the Villain


When GDPR first came into picture, there was a massive wave of negativity that accompanied it. Social media was flooded with posts talking about how GDPR will cause a huge expense hole in organisations’ budget and why it will create so many problems that didn’t exist in the first place. Many organisations, by default, assumed that they shall end up non-compliant and some of them even expressed their idea of conjuring up funds for a possible fine due to non-compliance. One could almost feel the need to hit the psychological reset button.


However, we must understand in our bones that GDPR is a set of laws that just demand  Good Business Practice; GDPR must be welcomed with positivity because not only does it provide a company with a better legal and policy framework, but it brings acompetitive advantage as well.


GDPR, in many ways, will change the way businesses are conducted, but one of the main shall be the cognitive advantage that a company shall possess in the minds of its clients, when it becomes GDPR compliant. A GDPR compliant company shall do better positioning in their customer’s head when they can flaunt their compliance tag.


My business is small, so I'm kind of exempt.


Only in specific cases like the one for appointing a DPO, does the GDPR talk about company sizes. GDPR has an attitude and it doesn't care about your firm's size. If you happen to, in anyway, cross any data path of any EU resident, you are under the GDPR radar.

Forget small business! Even if you're a solo-pruner who runs a fashion blog, with an emailing list under your sleeve, you must be GDPR compliant.


I don't collect data from users, so I'm cool.


No, you're not. GDPR originates from 'what data you hold', which means that not only a massive introspection into
your data inventory is needed, but also an analysis of 'all' data that you have on subjects is required. Even if you don't collect data through web forms or portals, you still need to worry about the data pertaining to EU subjects. 

You might scrap the publicly available information on individuals and try to convert them into leads. You might even have purchased your competitor's leads (Highly not recommended, though. Just saying) or it could be a person on social media who has liked your page. In all these cases, though you haven't obtained data from the user directly, you still have to respect the data you have on him/her and process it under the GDPR.


There is only one type of consent


Firstly, there's private data and sensitive data. The former refers to data like the IP address, pin code etc., while the latter covers aspects like religion, sexual orientation etc. Naturally, the consent mandated for these types vary.

There are two types of consent : Explicit & Implied Consent


Implied consent is when the subject, by providing you a particular data, is accepting it to be used in a certain way. In effect, you don't have to shout out loud by asking him to check a box, but you can just 'imply' consent by stating the way the data is going to be used. But it does have to be unambiguous, which means there should not be more than one interpretation possible for that particular way in which you plan to use the data. Explicit consent is where the subject literally says 'I agree' to your consent statement, which must clearly state what data you are collecting, how you are going to use it, what it means to your subject and how this data will be transferred and the related risks of the transfer.Yeah, that's a lot. But this consent is required only when sensitive data is collected. 


I need to be a data democracy: All rights to all


The data subject rights caught so much attention that GDPR pursuers became too obsessed with it. For example, right to be forgotten was seen as a white elephant in the room and it perhaps got too much attention. Not all rights need to be given all the time. GDPR gives us six lawful bases, which is nothing but the underlying reason behind processing of data. And as your reason varies with the kind of data and processing method, the data rights you need to offer shall vary as well. 


Lawful Basis(row)/Rights applicable (column)

Right to be informed

Right of access

Right to rectification

Right to erasure

Right to restrict processing

Right to data portability

Right to object

Rights related to automated decision making

Consent

 Y

 Y


 Y

 Y

Y

 

Contract

 Y

 Y

 Y



 Y


 Y

Legal Obligation

 Y

 Y

 Y

 Y




 Y

Vital Interests

 Y

 Y







Public Tasks

 Y

 Y

 Y




 Y


Legitimate interests

 Y

 Y

 Y

 Y

 Y


 Y

 Y


Consider the above depiction, which correlates between rights and the lawful basis. A data field processed on a basis of contract, cannot be asked to be erased as such. Similarly, a data processed for vital interests cannot be objected. So, being aware of why you process the data that you do, and categorizing them based on applicable rights and lawful basis is an extremely crucial function.


I can use 'Legitimate Interest' for marketing uses relating to personal data, without consent.


The best one is saved for the last, because this is something that can really get you into trouble. Legitimate interest is not the silver bullet you can use when you have run out of options. Usage of legitimate interest has to be weighed against the privacy of the user before it can be applied to a marketing related activity(Any activity, for that matter! ). Even though marketing is an example of legitimate interest given by the ICO itself, it does not rule out the fact that the user must agree to be communicated for marketing. 


A clear 'Opt-in' is always preferred, which is not treated as consent, and it is, in some form, necessary to proceed with marketing communications.

 



    Access your files securely from anywhere









                          Zoho Developer Community




                                                • Desk Community Learning Series


                                                • Digest


                                                • Functions


                                                • Meetups


                                                • Kbase


                                                • Resources


                                                • Glossary


                                                • Desk Marketplace


                                                • MVP Corner


                                                • Word of the Day


                                                • Ask the Experts





                                                          Manage your brands on social media



                                                                Zoho TeamInbox Resources



                                                                    Zoho CRM Plus Resources

                                                                      Zoho Books Resources


                                                                        Zoho Subscriptions Resources

                                                                          Zoho Projects Resources


                                                                            Zoho Sprints Resources


                                                                              Qntrl Resources


                                                                                Zoho Creator Resources



                                                                                    Zoho CRM Resources

                                                                                    • CRM Community Learning Series

                                                                                      CRM Community Learning Series


                                                                                    • Kaizen

                                                                                      Kaizen

                                                                                    • Functions

                                                                                      Functions

                                                                                    • Meetups

                                                                                      Meetups

                                                                                    • Kbase

                                                                                      Kbase

                                                                                    • Resources

                                                                                      Resources

                                                                                    • Digest

                                                                                      Digest

                                                                                    • CRM Marketplace

                                                                                      CRM Marketplace

                                                                                    • MVP Corner

                                                                                      MVP Corner







                                                                                        Design. Discuss. Deliver.

                                                                                        Create visually engaging stories with Zoho Show.

                                                                                        Get Started Now


                                                                                          Zoho Show Resources

                                                                                            Zoho Writer

                                                                                            Get Started. Write Away!

                                                                                            Writer is a powerful online word processor, designed for collaborative work.

                                                                                              Zoho CRM コンテンツ






                                                                                                Nederlandse Hulpbronnen


                                                                                                    ご検討中の方




                                                                                                          • Recent Topics

                                                                                                          • Mass import of documents into Zoho Writer

                                                                                                            I'm using Google's word processor at the moment but feel that Zoho does a better job (on the online apps market). Iwant to move my documents (about 50-70) to Zoho but it seems to me that I have to import them seperately. Is it already possible to upload several documents at a time or is this a forthcoming feature? Cheers Rolli :?:
                                                                                                          • Set off Unearned Revenue

                                                                                                            Hi, I would like to get a clarification on the below. I have an opening balance of BD.725/- in my Unearned Revenue A/c which includes the overpayments of 6 clients. No One of my clients settled his invoices by paying the value of the invoice less the
                                                                                                          • How Zoho Desk contributes to the art of savings

                                                                                                            Remember the first time your grandmother gave you cash for a birthday or New Year's gift, Christmas gift, or any special day? You probably tucked that money safely into a piggy bank, waiting for the day you could buy something precious or something you
                                                                                                          • Zoho Connect Module in Zoho Trident

                                                                                                            Hi I really like where Zoho Trident is going. Having Mail and Cliq in one place is especially powerful. However, Zoho Connect really needs to be included to make this a true communication and collaboration hub. I would like to request that Zoho Connect
                                                                                                          • Add Webhook Response Module to Zoho Flow

                                                                                                            Hi Zoho Flow Team, We’d like to request a Webhook Response capability for Zoho Flow that can return a dynamic, computed reply to the original webhook caller after / during the flow runs. What exists today Zoho Flow’s webhook trigger can send custom acknowledgements
                                                                                                          • Zoho Inventory - Managing Items With Multiple Suppliers

                                                                                                            Hi community, I'm working on a project at the moment for a car parts wholesale business. Each Item (part) has its own original manufacturer part number (sometimes more than one part number for the same item). When purchasing parts from 3rd party suppliers,
                                                                                                          • Cliq iOS can't see shared screen

                                                                                                            Hello, I had this morning a video call with a colleague. She is using Cliq Desktop MacOS and wanted to share her screen with me. I'm on iPad. I noticed, while she shared her screen, I could only see her video, but not the shared screen... Does Cliq iOS is able to display shared screen, or is it somewhere else to be found ? Regards
                                                                                                          • Fill Colors

                                                                                                            Hello, Just curious, is it possible to manage the Used and standard colors in the fill drop down menu ? I would like to change/edit them is possible to colors I frequently use. Thanks for you reply, Bruce
                                                                                                          • When moments in customer support get "spooky"

                                                                                                            It’s Halloween again! Halloween is celebrated with spooky symbols and meanings based on history and traditions, with each region adding its own special touch. While we were kids, we would dress up in costumes along with friends, attend parties, and enjoy
                                                                                                          • How can I delete duplicate transactions?

                                                                                                            I want to delete the duplicates not simply exclude them. I have duplicates, because I had automatic bank feeds turned on (had to make sure this critical functionality was working before migrating to Zoho). Now when I import my csv's exported from Wave,
                                                                                                          • Python - code studio

                                                                                                            Hi, I see the code studio is "coming soon". We have some files that will require some more complex transformation, is this feature far off? It appears to have been released in Zoho Analytics already
                                                                                                          • Multiple email addresses

                                                                                                            Multiple email addresses: I understand there is the ability to add an additional email field to a contact, but the functionality here needs to be drastically revised. Currently, this second email address does not log under the contact email history, nor is it available as a send address when using the Send Mail button within CRM. We recently migrated from GoldMine. I hate GoldMine, but there is one thing they did well: Email. I suggest copying them. Change the email field to an editable picklist,
                                                                                                          • Lead to Contact Conversion with multiple email address fields

                                                                                                            We are a B2C business with a strong repeat cycle, and as such it's not uncommon for customers to use multiple email addresses with us. We have both our Contacts & Leads modules set up with 3 email fields. (Primary Email / Secondary Email / Historic Email)
                                                                                                          • Move orders scan ISBN

                                                                                                            Hi We have ISBN setup to be searched in items zoho but move orders dissent recognize the ISBN is there q missing configuration? regards, JS
                                                                                                          • ViewID and Zoho Desk API

                                                                                                            I'm looking at the documentation for Listing contacts and it looks like you can filter by ViewID. I assume this is views created in a department or all departments. Is this correct? And if so, how do I find the ViewID for that view? EDIT: I see the view
                                                                                                          • Ability to Link Reported Issues from Zoho Desk to Specific Tasks or Subtasks in Zoho Projects

                                                                                                            Hi Zoho Desk Team, Hope you're doing well. When reporting a bug from Zoho Desk to Zoho Projects, we’ve noticed that it’s currently not possible to select an existing task or subtask to associate the issue with. However, when working directly inside Zoho
                                                                                                          • Automatically Update Ticket Status in Zoho Desk Based on Actions in Zoho Projects

                                                                                                            Hi Zoho Desk Team, Hope you’re doing well. We’re using the Zoho Desk–Zoho Projects integration to manage tasks related to customer tickets, and it works well for linking and tracking progress. However, there are a few important automation capabilities
                                                                                                          • Print Tickets

                                                                                                            We have field engineers who visit customers. We would like the option to print a job sheet with full details of the job and account/contact details.
                                                                                                          • Zoho Desk integration with Power BI

                                                                                                            Hi, I want to be able to create a Power BI report which has live updates of ticket data from zoho desk, is this possile at all? Thanks Jack
                                                                                                          • Ability to Attach Images When Reporting Issues to Zoho Projects from Zoho Desk

                                                                                                            Hi Zoho Desk Team, Hope you’re doing well. We’re using the Zoho Desk–Zoho Projects integration to report bugs directly from support tickets into the Zoho Projects issue tracker. This integration is extremely useful and helps us maintain smooth coordination
                                                                                                          • Ability to Choose Task List and Add Subtasks When Creating Tasks from Zoho Desk

                                                                                                            Hi Zoho Desk Team, Hope you’re doing well. We’re using the Zoho Desk–Zoho Projects integration to seamlessly connect customer tickets with project tasks. While the integration works great overall, we noticed two important limitations that affect our workflow
                                                                                                          • Sync Task Status from Zoho Projects to Zoho Desk

                                                                                                            Hi Zoho Desk Team, Hope you’re doing well. We’re actively using the Zoho Desk–Zoho Projects integration, which helps our support and project teams stay aligned. However, we noticed that when we change a task’s status in Zoho Projects, the change is not
                                                                                                          • Default/Private Departments in Zoho Desk

                                                                                                            1) How does one configure a department to be private? 2) Also, how does one change the default department? 1) On the list of my company's Zoho Departments, I see that we have a default department, but I am unable to choose which department should be default. 2) From the Zoho documentation I see that in order to create a private department, one should uncheck "Display in customer portal" on the Add Department screen. However, is there a way to change this setting after the department has been created?
                                                                                                          • Zoho CRM IP Addresses to Whitelist

                                                                                                            We were told to whitelist IP addresses from Zoho CRM.  (CRM, not Zoho Mail.) What is the current list of IP Addresses to whitelist for outbound mail? Is there a website where these IP addresses are published and updated?  Everything I could find is over
                                                                                                          • Color of Text Box Changes

                                                                                                            Sometimes I find the color of text boxes changed to a different color. This seems to happen when I reopen the same slide deck later. In the image that I am attaching, you see that the colors of the whole "virus," the "irology" part of "virology," and
                                                                                                          • The difference between Zoho Marketing Automation and Zoho Campaigns

                                                                                                            Greetings Marketers! This post aims to differentiate between Zoho Marketing Automation and Zoho Campaigns. By the time you get to the end of the post, you will be able to choose a product that objectively suits you. What is Zoho Marketing Automation?
                                                                                                          • How to use Rollup Summary in a Formula Field?

                                                                                                            I created a Rollup Summary (Decimal) field in my module, and it shows values correctly. When I try to reference it in a Formula Field (e.g. ${Deals.Partners_Requested} - ${Deals.Partners_Paid}), I get the error that the field can’t be found. Is it possible
                                                                                                          • Zoho Mail Android app update - View emails shared via Permalink on the app.

                                                                                                            Hello everyone! In the latest version(v2.8.2) of the Zoho Mail Android app update, we have brought in support to access the emails shared via permalink within the app. Earlier, when you click the permalink of an email, you'll be redirected to a mobile
                                                                                                          • Let us view and export the full price books data from CRM

                                                                                                            I quote out of CRM, some of my clients have specialised pricing for specific products - therefore we use Price Books to manage these special prices. I can only see the breakdown of the products listed in the price book and the specialised pricing for
                                                                                                          • Weekly Tips: Manage External Images in Zoho Mail

                                                                                                            When you receive emails every day, whether from clients, newsletters, or services, many of them contain external images that automatically load when you open the message. While this can make emails look more engaging, it can also impact your privacy and
                                                                                                          • How to display Motivator components in Zoho CRM home page ?

                                                                                                            Hello, I created KPI's, games and so but I want to be able to see my KPI's and my tasks at the same time. Is this possible to display Motivator components in Zoho CRM home page ? Has someone any idea ? Thanks for your help.
                                                                                                          • Introducing Record Summary: smarter insights at your fingertips

                                                                                                            Hello everyone, We’re excited to introduce the Record Summary feature. This powerful addition makes use of Zia to simplify how you interact with your CRM data, providing a seamless, consolidated view of critical record information. Scrolling through the
                                                                                                          • Account in Quick View Filter

                                                                                                            I have a report that I often run against a specific Account. Every time, I have to go into the edit menu and change the Advanced Filter. I would prefer to use the Quick View Filter, but it does not allow me to use the one and only field that makes any
                                                                                                          • Unable to confirm Super Admin assignment — confirmation button not working

                                                                                                            I’m trying to change the roles within my organization. I am currently a super admin and would like to add another user as a super admin. When I attempt to confirm the action, a screen appears asking for my password to verify my identity. However, when
                                                                                                          • Delegates should be able to delete expenses

                                                                                                            I understand the data integrity of this request. It would be nice if there was a toggle switch in the Policy setting that would allow a delegate to delete expenses from their managers account. Some managers here never touch their expense reports, and
                                                                                                          • Let's Talk Recruit: Meet Zia, your all-in-one AI assistant (Part-2)

                                                                                                            Welcome back to Let’s Talk Recruit series. In Part 1, we introduced Zia and how AI is reshaping the way recruiters work. This time, we’re taking a closer look at how far Zia has come and how each update continues to simplify your everyday tasks. When
                                                                                                          • Function #9: Copy attachments of Sales Order to Purchase Order on conversion

                                                                                                            This week, we have written a custom function that automatically copies the attachments uploaded for a sales order to the corresponding purchase order after you convert it. Here's how to configure it in your Zoho Books organization. Custom Function: Hit
                                                                                                          • Kaizen #8 - Handling Recurrence and Participants in the Events Module via API

                                                                                                            Hello everyone! We are back this week with an exciting post—Handling recurrence and participants in the Events module through API. First things first—What is the Events module? "Events" is a part of the Activities module in Zoho CRM.  An event is an activity that happens at a given place and time. You can find Events on the user's Zoho CRM's home page, Activities home page, Calendar, and in other related records. What are the types of Events? Events are of two types—Recurring and non-recurring events.
                                                                                                          • Marketer’s Space - Get Holiday-Ready with Zoho Campaigns

                                                                                                            Hello marketers, Welcome back to another post in Marketer’s Space! Q4 is packed with opportunities to connect with your audience - from Halloween, Black Friday, and Cyber Monday, to Thanksgiving, Christmas, and New Year. In this post, we’ll look at how
                                                                                                          • Personalized demo

                                                                                                            can I know more about the personalized demo we are construction company and
                                                                                                          • Next Page