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.

 



      • Recent Topics

      • Kaizen #213 - Workflow APIs - Part 1

        Welcome to another week of Kaizen! If you have ever managed complex business processes, you know that Workflows are the quiet backbone of any well-run business process. They keep things moving; assigning owners, sending alerts, keeping deals on track,
      • Browser and address bar hide

        Hi, How i can do hide the address bar with browser headline when i am working on the sheet, because i am using (freeze panes) which i want visible for full work. For your reference here i am attached the screen shot and marked yellow lines which really
      • Cells Border

        Hi I am using Zoho Sheet on S Tab , is there any option to make all border of any cell at once. I think this is very basic which we are missing. This is available in mobile but not in tab or suggest if i am missing this function. And for Tab can you give
      • Credit Management: #2 Configuring Right Payment Terms for Credit Control

        Think about the last time you ordered something online and saw that little note at the checkout, "Pay on Delivery" or "Pay later". It's simple, but it actually sets the tone. As a business owner, you know exactly when payment is expected. Now, imagine
      • Zobot and Sales IQ

        What will happen to the Zoho Sales IQ being integrated to the website after creating the Zobot on the website too
      • Workflow workdrive rollout

        Hi! When will workflow be rolled out to all users? Thanks.
      • Help Center and SEO: Any Benefit to My Domain-Mapped Website Ranking?

        First of, I love the Help Center which I've just decided to integrate into my website to replace its old-fashioned FAQs. So much more to achieve there now! Lots of new benefits to the site visitors and to me in terms of organizing and delivering all the
      • Blueprint status change

        I want to change the Blueprint status of a workflow. The status is completed automatically when I added the record through API call. But I want to make it active, I don't see any options for this. Even if I draw transition from any stage , it is not visible
      • Support french language options

        Greetings, I want to use Zoho with the french language portal, however the supplied translation is not very good (google translate). There are many basic mistakes on the main most important sections (my requests, submit a request). Is there a way for
      • Automation #7 - Auto-update Email Content to a Ticket

        This is a monthly series where we pick some common use cases that have been either discussed or most asked about in our community and explain how they can be achieved using one of the automation capabilities in Zoho Desk. Email is one of the most commonly
      • filter broke my data

        I uploaded a file recently from Sheets and it has top 2 rows frozen, with table headers in second row and each one is filterable. somehow my first 2 columns became unfiltered and no matter what I do I cannot reapply the filter?? also didn't realize they
      • Introducing the Workflow and Actions APIs for Zoho CRM

        We are absolutely thrilled to announce the release of Workflow APIs and Actions APIs in Zoho CRM’s v8 API suite! This powerful new set of endpoints gives developers unprecedented programmatic control over business automation. For years, Workflow Rules
      • Zoho CRM Analytics - Allow To Reorder Dashboards

        I would like to suggest that you add the ability to reorder dashboards in the Analytics Module. I can see that this has been requested some time ago, the latest 9 years ago. I am not sure if this is a big or small endeavor, but such a small fix can go
      • Zoho Form URL displays incorrect name

        Hi, I have a form I created called "Design Request form". It displays this way everywhere I look. However, in the URL, it shows up as "DesignJobRequestFormFINAL011325PROOFV1B" and I'm not sure why. I can't find where to fix this. Does anyone have any
      • Consumers are talking about your business. Are you listening?👂

        A loyal customer might be praising your product in a forum. A frustrated user could be posting a harsh review on a public site. An excited partner may have left a comment on your campaign. A domain expert might be deconstructing your product. A prospect
      • What counts as a Temp for Billing Purposes in Workerly

        I'm considering trying this product but am not sure how the temp count is used for billing purposes. For example, if we keep a large data base of 500 potential workers.....are we billed for that or only if they are assigned to a client at a given point
      • Form name incorrectly displayed in URL

        Hi, I have a form I created called "Design Request form". It displays this way everywhere I look. However, in the URL, it shows up as "DesignJobRequestFormFINAL011325PROOFV1B" and I'm not sure why. I can't find where to fix this. Does anyone have any
      • I can't receive mail

        Hello, I can't receive e-mail. I no longer receive e-mails to the e-mail I received for ​my site. I also edited the DNS settings, but it doesn't work at all.
      • 1‑to‑1 invite missing post-setup (needs re-invite) vs channel invite auto-joins without business prompt

        1. Zoho Cliq 1‑to‑1 external invite The inviter sent a 1‑to‑1 invite to an invitee who didn’t have a Cliq account. After the invitee completed account setup and created a business/organization, the website redirected them to Cliq, where they opened Cliq
      • 【開催報告】東京 ユーザー交流会 Vol.3 2025/10/17 Zoho サービスの活用促進を外部ツールとの連携で実現!

        ユーザーの皆さま、こんにちは。コミュニティチームの藤澤です。 10月17日(金)に新橋で「東京 ユーザー交流会 Vol.3」を開催しました。ご参加くださったユーザーの皆さま、ありがとうございました! この投稿では、当日のセッションの様子や使用した資料を紹介しています。残念ながら当日お越しいただけなかった方も、ぜひチェックしてみてください😊 ユーザー活用事例セッション:Zoho Flowと決済システムの連携 あみろくの岡島さんに、Zoho サービスの活用事例として、Zoho Flow を活用した外部サービスとの連携事例をご共有いただきました。
      • received email opens in a new tab every time I log in

        as per the title: since about when I first made my email account, every single time Ive logged in to view my inbox, a new tab opens for an email I viewed once as if restoring a closed session. I thought I just didnt understand the "starting up" settings
      • Engage with your customers at scale using WhatsApp Marketing Template messages

        Hi everyone, To make it easier for organizations to communicate with customers, Desk now allows you to send individual, mass, and bulk WhatsApp template messages from both the Ticket and Contact modules. How is this going to benefit your business? WhatsApp
      • Importation Tickets error

        Hi, I'm newbie here 🤓 So, i'm importing data from csv, but when I try advance to mapping fields the importer tool show this message: Previously I try import, other data, and not show errors in this step. Some ideas? Best Regards,
      • Showing description in timesheet and timelogs.

        I am wondering if it’s possible in version 5 of Zoho People to have the description show by default or with a manipulation on the user’s part. Let me show you what I mean. As you can see this is the view for the users. Now if they want to see the full
      • Direct “Add to Google Calendar” Option in Zoho Meeting

        Hello Zoho Meeting Team, Hope you are doing well. We would like to request an enhancement related to the “Add to Calendar” functionality in Zoho Meeting. Currently, when we open Zoho Meeting and view our meetings under My Calendar, there is an Add to
      • Workaround: openURL in Blueprints - An alternate approach

        There is a roundabout way to open a URL in blueprints after a save event. By using the 'onBeforeMandatoryFormSave' in Client Script, you can open an external URL. Now, the problem is, this is designed to be run BEFORE the blueprint is saved, not after,
      • MTD SA in the UK

        Hello ID 20106048857 The Inland Revenue have confirmed that this tax account is registered as Cash Basis In Settings>Profile I have set ‘Report Basis’ as “Cash" However, I see on Zoho on Settings>Taxes>Income Tax that the ‘Tax Basis’ is marked ‘Accrual'
      • Migrate file from Single File Upload to Multi File Upload

        Dears, I have created a new field Multi File Upload to replace the old Single File Upload field. I'd like to ask you guys what is the best way to migrate the files to the new field?
      • Open "Live Chat" from a hyperlink?

        Hi, I often write paragraphs and text on our company website, and usually say you can get in touch with us via live chat. Can the chat window be triggered to pop open without clicking the chat graphic in the bottom window, and use it in a hyperlink? ie:
      • Zoho Sites search box

        Is there a Search box that can be added to a Zoho site? It would be for searching within the site only.
      • What stops me from packaging and shipping an order when the inventory is negative?

        It seems if the inventory value is negative, that Zoho Inventory should not allow me to create a Package and Ship it.   But, there seems to be nothing to stop me from doing that other than when I go to physically package the item and realize that there is no stock. There also seems to be nothing on the screen that even indicates to me that I should not package and ship.  To me this is the fundamental point of an inventory system.  Am I doing something wrong?   
      • Conditional formatting based on another field

        Hi I have two fields on my form stage 1 complete and stage 1 deadline.  I am trying to setup conditional formatting so that if stage 1 complete is after stage 1 deadline the record is highlighted in red. I need both stage 1 complete and stage 1 deadline
      • Is there API Doc for Zoho Survey?

        Hi everyone, Is there API doc for Zoho Survey? Currently evaluating a solution - use case to automate survey administration especially for internal use. But after a brief search, I couldn't find API doc for this. So I thought I should ask here. Than
      • Using IMAP configuration for shared email inboxes

        Our customer service team utilizes shared email boxes to allow multiple people to view and handle incoming customer requests. For example, the customer sends an email to info@xxxx.com and multiple people can view it and handle the request. How can I configure
      • The sending IP (136.143.188.15) is listed on spamrl.com as a source of spam.

        Hi, it just two day when i am using zoho mail for my business domain, today i was sending email and found that message "The sending IP (136.143.188.15) is listed on https://spamrl.com as a source of spam" I hope to know how this will affect the delivery
      • Changing a Single-Line Text field into a Multi-line Field without losing data

        Is it possible to change a Single-Line Text field into a Multi-line Field without losing data. I have a module with data for which I would like to change a single-line field into a multi-line field but I'm worried it might delete the pre-existing da
      • Webhook - Google Sheets

        I have 2 forms that are both integrated with Google Sheets. I've set up a webhook to pull form 1 data from Google Sheets to prefill data in Form 2. The issue I have is that the forms name fields are First Name & Last Name but the Google sheets integration
      • Verified Mark Certificate

        Hello Dears, Can anyone help and check my mail or direct me to the desired person who can add the verification tag to my mail https://www.zoho.com/blog/mail/email-authentication-with-bimi.html
      • Appointment booking is temporarily unavailable

        Embeded Zoho booking page in my WordPress website. When someone starts a booking, after choosing time and date, an error appears before payment - "Appointment booking is temporarily unavailable due to restricted settings." Used the embeded code given
      • Cannot connect to 365 business calendar and Teams, says personal but it is not.

        hi I have a number of users connected to their 365 business accounts. Adding a new user and it thinks hes got 365 personal edition. He does not.... Anyone know what's going on. Trying for days now. Bookings go into his MS calendar but as its thinks its
      • Next Page