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

      • Help integrating Aircall into Zoho CRM

        Hi all, We are need to get better AirCall integration into Zoho. We have configured in the Aircall dashboard but we have not done the Zoho side. We cannot see Zoho CRM information on incoming calls. And we calls and text's are not being logged. Specifically
      • Shopify Extension no longer working in CRM

        Zoho CRM and Extension are no longer working properly. We have used Shopify Basic for years. All of the sudden it stopped working, then started working again, and now no longer working again. There are several ways for Personal Information to sync from
      • How to keep track of bags, cans, drums of inventory?

        We buy and sell products that are packaged in bags 🛍️, cans🥫, drums🛢️, etc. with batch numbers. When we get a shipment of one of the products, how do we track we received (say) 10 cans each of 5L of a product and maybe we received 10 cans of another
      • Easy third party collaboration: Zoho Flow Integration

        Third-party integrations extend your project functionality with improved workflow, and data processing. With Zoho Flow integration you can include multiple third party actions into your project or task automation. Add Zoho Flow action in Workflow rules
      • Introducing Configure, Price, Quote (CPQ) in Zoho CRM | Public early access 2023

        Greetings Customers! We're excited to announce that the CPQ feature will soon be available in Zoho CRM and accessible to all accounts using the Professional, Enterprise, and Ultimate editions. We've opened this feature to select customers, and it'll be
      • how to edit the converted lead records?

        so I can fetch the converted leads records using API (COQL), using this endpoint https://www.zohoapis.com/crm/v5/coql and using COQL filter Converted__s=true for some reasons I need to change the value from a field in a converted lead record. When I try
      • Zoho Bookings <> CRM integration

        Hello Zoho community! We are enabling our Zoho Bookings <> CRM integration. What is the workflow if the integration detects that the contact already exists in the CRM? Does it create a duplicate record? Overwrite the record? Merge the record? (in this
      • Cannot reject empty expense report

        Hello, We are currently having issues with two empty expense reports where if we try to reject them, either manually or through the REST API, we get error 114016, which says some of the expenses have already been billed and must be removed. I'd appreciate
      • Use of Zia within Forms

        I have noticed that recently you have added Zia to help create forms from scratch. Would it be possible to add Zia functionality to free text fields for form submissions or if this is already on the roadmap an ETA for this please? We have a lot of field
      • Default in fields on Form B based on the user selection in Form A

        Hi Everyone, I have added an action button to a form report to bring up a new form based on user selection, see it indicated in red below: Then when the ne form loads, I want to default in some of the fields based on the record the user was selected on.
      • Auto-sync field of lookup value

        This feature has been requested many times in the discussion Field of Lookup Announcement and this post aims to track it separately. At the moment the value of a 'field of lookup' is a snapshot but once the parent lookup field is updated the values diverge.
      • Last activity time is acting like last modified time

        When i edit the description or any field in the potential, account, contact and lead, the Last Activity Time is being updated like the Modified Time. This is messing all workflows and reports and we are unable to track real last time of activities like
      • Enhancements to the formula field in Zoho CRM: Auto-refresh formulas with the "Now" function, stop formula executions based on criteria, and include formulas within formulas

        Dear Customers, We hope you're well! By their nature, modern businesses rely every day on computations, whether it's to calculate the price of a product, assess ROI, evaluate the lifetime value of a customer, or even determine the age of a record. With
      • HEX/RGB Color Input in Visual Editor

        Hello Zoho Pagesense Team, We hope you're doing well. We’d like to submit a feature request to improve the color selection options in the Pagesense popup editor. Current Limitation: Currently, to set text colors, users must move the color slider manually.
      • CRM and Campaigns- tags not integrating?

        Hi! I am setting up an automation in zoho campaigns and it says the crm is integrated...but when I want to use a trigger of a certain tag I created for people in the crm to denote those who purchased, it doesnt have that tag available as an option in
      • Maximum limit of rows exceeded

        I am trying to add a row to a spreadsheets that has fewer than 60 rows. I keep getting an error message that says I have exceeded the maximum limit of 65,536 rows. Any ideas out there?
      • Can't change form's original name in URL

        Hi all, I have been duplicating + editing forms for jobs regarding the same department to maintain formatting + styling. The issue I've not run into is because I've duplicated it from an existing form, the URL doesn't seem to want to update with the new
      • Tip #7: 5 formas de mantener tus listas de correo electrónico

        Tips and Tricks #7, adaptado de Susmit Sen ¡Hola, comunidad! Esta semana volvemos con nuestros Tips and Tricks para Zoho Campaigns. En esta ocasión, voy a darte algunos consejos para mantener limpias tus listas de correo electrónico, y empezar el 2021
      • Mail Merge related Lists

        When I try to merge an associated list the fields do not have a checkbox to choose them as it does in the tutorials. Am I missing something? Any ideas would be appreciated.
      • create-a-purchase-receive API issues

        Hello all, I'm trying to use the create a purchase receive inventory API documented here (https://www.zoho.com/inventory/api/v1/purchasereceives/#create-a-purchase-receive) however when I do am getting the following error {"code":9,"message":"The purchase
      • Zoho Pagesense really this slow??? 5s delay...

        I put the pagesense on my website (hosted by webflow and fast) and it caused a 5s delay to load. do other people face similar delays?
      • Heatmap: Missing Content Elements - Zoho Page Sense

        Hi there, I'm trying out Zoho Page Sense to generate heatmaps for my Wix pages. My problem: Some parts of my Wix pages don't show on my heatmap, the heatmap is just empty there. Maybe Wix default lazy loading setting causes this error? Is there a way
      • Marketing Tip #3: Use social proof to build trust

        People trust people. Showcasing reviews, testimonials, or “bestseller” badges on your product pages can nudge hesitant buyers toward purchase. Try this today: Add one customer testimonial or highlight your top-selling product on your homepage. Or, do
      • Writing by Hand in "Write" Notes

        Hi there! I just downloaded this app a few moments ago, and I was wondering if there was a way to write things by hand in "Write" mode instead of just typing in the keyboard. It would make things a bit more efficient for me in this moment. Thanks!
      • Make CAMPAIGNS email look as simple as possible

        Hi there I'm trying to make my Campaigns email look as much like a normal email as possible. I'm a bit stuck with the "justification" of the email email block. Can I LEFT JUSTIFY the "whole email" to make it look "normal"? (Please see screenshot attached)
      • Zoho Sign Reminder email template

        Is there a template we can edit for the reminder emails? I don't see it in Settings / Choose a template
      • Preview an upload PDF or File

        I have a form where the customer has to upload a file (normally PDF - never jpeg)  When in report view I want to be able to preview the uploaded file without having to download it.  If I click on the upload it downloads to my computer, I want to be able
      • How to filter emails by Reply-to field?

        I receive a very particular newsletter from an association A registered on a website W (that is used by many associations), and the emails fields are not great: the From just contains the generic website's W's email, while A is only mentioned in the Reply-to
      • How to invite friends on other social media platforms to one of my group chats in arattai?

        Hello, I have formed chat groups in arattai. I want to invite my friends on other social media platforms like WhatsApp/ FB to one of my groups. Different friends would be invited to different groups. How to share an invite link of one of my groups to
      • Line spacing

        I coudn't decrease the line spacing to space smaller then a single line. There is too much space between the lines that make the document look ugly. Please fix that. Liran. fonar
      • Google Fonts Integration in Pagesense Popup Editor

        Hello Zoho Pagesense Team, We hope you're doing well. We’d like to submit a feature request to enhance Zoho Pagesense’s popup editor with Google Fonts support. Current Limitation: Currently, Pagesense offers a limited set of default fonts. Google Fonts
      • Control Position of “X” (Close) Button in Popup Editor

        Hello Zoho PageSense Team, We hope you're doing well. We would like to request a customization improvement in the PageSense popup editor. Current Limitation: Currently, the position of the “X” (close) button is fixed and cannot be customized in the popup
      • Add Standalone “Save” Button in Pagesense Popup Editor

        Hello Zoho Pagesense Team, We hope you're doing well. We would like to request an important usability improvement in the Pagesense popup editor. Current Limitation: There is currently no dedicated Save button while building a popup. The only way to save
      • Text Direction Control in Pagesense Popup Editor

        Hello Zoho Pagesense Team, We hope you're doing well. We’d like to submit a feature request to add text direction control in the Pagesense popup editor. Current Limitation: Currently, the popup editor does not provide native support for RTL (Right-to-Left)
      • Autosave in Pagesense Popup Editor

        Hello Zoho Pagesense Team, We hope you're doing well. We’d like to submit a feature request to enhance the Pagesense editor with an autosave functionality. Current Limitation: Currently, changes made in the Pagesense editor must be manually saved. In
      • Billing frequency is not displayed correctly.

        Hello There is an issue while displaying the billing frequency on a subscription quote. I am able to activate the subscription details and get this lovely overview: If I am adding a Plan which I charge quarterly, first of all it should be possible to
      • Creating Secret via Vault API

        Hi I am trying to create a secret through vault api.  This is the response I get. One thing I am not sure is how to decrypt the secretdata, how to get the secrettypeid? {     "operation": {         "result": {             "error_code": "",             "message": "Sorry, we are unable to process your request.",
      • Zoho CRM custom fields not showing in zoho creator

        Hi Team, I have created a Products form with Zoho CRM integration and connected it to Products module of CRM. But when I see the reports of Products in Zoho creator then I am not able to see custom fields of Products module. Only standard fields of Products
      • Is It Possible to Hide Menu Option from Main Navigation?

        Is it possible to hide a menu option, e.g. Admin, from the Main Navigation based on some criteria, e.g. login = zoho.adminuser
      • Unleash the power of detail, with Table View.

        What use is context that's not available where you need it? With this in mind, we bring you the Table View. This feature will add more power to the way you organize and work through your ticket load. Table View comes in handy when you want more control over the ticket information you see. This is a nifty tool for users who find themselves limited in terms of the level of information that is being offered in the Classic View and Compact View. With an upper limit of 15 columns, agents can glean most
      • Next Page