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

        • Bookmark Loading is Buffering

          Hi, i clicked on the bookmark tab, around yesterday and since then it's been constantly buffering and doesn't allow me to access the mail's i have tried login in and out but of no help also trying to share a screenshot of the issue around 232 kb size,
        • Zoho Webinar custom registration fields into Zoho CRM

          I am pushing webinar registrations into zoho crm as leads and this is working fine. I have added a few custom fields to my webinar registration and I wish for these fields values to get mapped into the resulting CRM lead record. I am not seeing anywhere
        • How to restrict user/portal user change canvas view

          Hi , I would like to restrict user / portal user change their canvas view because I hide some sensitive field for them. I dont want my user switch the canvas view that do not belong to them But seems Zoho do not provide this setting?
        • GitLab Extension for Zoho Desk: Connecting support and development for faster resolutions

          Hello everyone! We’re excited to introduce the GitLab Extension for Zoho Desk, an integration that bridges the gap between support and development teams. This allows tickets to be converted into actionable GitLab issues for faster resolutions, better
        • Download Google Drive Shared Image/File Using Deluge – Complete Guide

          Download Google Drive Shared Image/File Using Deluge – Complete Guide When working with Google Drive share links inside Deluge, many developers face a common challenge: 👉 How can we download a Google Drive file directly using Deluge? This article explains
        • How to update Acuity appointment fields from Zoho Flow?

          Hi, I need help with Zoho Flow → Acuity Scheduling integration. What I’m doing Appointment created in Acuity Zoho Flow creates a Zoho Calendar event I want to send the Zoho Calendar Event UID back into Acuity (into a custom form field) This is so that
        • When will Zoho Learn be able to support SCORM files on the mobile app?

          When I click the SCORM content, I just get a message saying it's not possible yet. Yet implies that it will be coming soon. All I'm asking for is a realistic timeline so I know whether or not to invest my time in using it. If it will be soon, then I will
        • No horizontal scroll bar in reports

          Hi support team, I created a pivot table report which contains many columns (in my application about 15). The problem is that there is no bottom scroll bar to display colums that does not fit within the browser page. I saw that it was possible to resize colums, but colums sizes are not saved within the session. So could you add scroll bar, and eventually make colums sizes stored in the user session ? Best regards,
        • Zoho Map integration tasks have changed - you need to "Locate all instances of Zoho Map integration tasks in your Deluge scripts by searching for the v1 marker... before 16 January 2026"

          Details of an issue specific to Zoho CRM + Deluge Functions (originally posted in this forum) can be found here: https://help.zoho.com/portal/en/community/topic/zoho-map-integration-tasks-have-changed-you-need-to-locate-all-instances-of-zoho-map-integration-tasks-in-your-deluge-scripts-by-searching-for-the-v1-marker
        • 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
        • Request to remove domain "greentechcoatings.vn" from previous Zoho account

          Hello Zoho Support, I would like to register the domain "greentechcoatings.vn" in my new Zoho Mail account, but I receive the message "This domain is already associated with another account". Please remove the domain from any previous/unknown account
        • Trigger actions in third-party apps using Zoho Flow

          Greetings, I hope you're all doing well. We're excited to share an enhancement to Bigin's workflow capabilities. Zoho Flow Actions are now available in Bigin, enabling you to automate tasks across third-party applications directly from your workflow and
        • Enroll, Script, Win: Hackathon 2025!

          Hello CRM Developers! Are you ready to create some magic with Client Script, Widgets and Functions in Zoho CRM? Let’s make Hackathon 2025 an unforgettable adventure! The Zoho Developer Community Hackathon 2025 is here, and it’s your time to shine! REGISTER
        • Zoho Help Desk - Not receiving emails

          Hello… I am on your trial version of help desk… and I am having trouble getting emails from Zoho Help Desk to my MS Outlook Exchange Server… So when a customer sends ticket request I am not getting an email with a notification? I have read your articles
        • Export History timeline

          Hi, I have an idea, bout zoho desk history of the ticket it would be great if the agent or admin of the zoho desk can export the timeline of the ticket history for agent report or on other matter.
        • Almost all Flows are being queued

          A few days ago I saw one of my Flows status was Queued. This was the first time this had ever happened. Now, almost every Flow that triggers is Queued for at least a few minutes. If I re-trigger the Flow (which causes separate problems) they sometimes
        • How Do I Refund a Customer Directly to Their Credit Card?

          Hi, I use books to auto-charge my customers credit card. But when I create a credit note there doesn't seem to be a way to directly refund the amount back to their credit card. Is the only way to refund a credit note by doing it "offline" - or manually-
        • Employment Contract / HRMS Documents - Zoho People

          How do I create customized HR documents for disbursal from Zoho People ? Example, say offer letters ? appointment letters ? Memos ? We want to be able to preset these in one or ther other form and issue them to employees who are in Zoho People.
        • Send Zoho Forms Link using Zoho CRM Email Templates

          I have set up Zoho Forms and CRM integration to pre-populate data from Zoho CRM to Zoho Forms. The setup is working fine. I have also created an email template in the Zoho CRM deals module to send Zoho forms links. So when I send an email using that template
        • Live webinar: Craft and deliver impactful slides with Show’s desktop apps

          If you love the comfort of working on your desktop and want a setup that keeps you focused and uninterrupted, this session is made for you. We’re excited to invite you to our upcoming live webinar: "Craft and deliver impactful slides with Show's desktop
        • Enhancements to Bigin's forms

          Greetings, I hope all of you are doing well. We're happy to announce a few recent enhancements we've made to Bigin's forms. We'll go over each one in detail. Merge field support in auto-filled forms The auto-fill option in Bigin's forms lets you predefine
        • Table dimensions

          I try changing the dimensions of the table on my computer but it doesn't change. Do I have to be a premium member or does it only work on the app?
        • Direct link to Record Summary

          Hi everyone, In one of my reports, I have built a Record Summary template to display the details of one record. I would like to be able to link directly to this Record Summary once I submit a new record, without having to go to the list of records first and click on View. Is there a possibility to do so ?  Should I use the URL by passing some parameters ? Thank you very much for your help ! Guillaume
        • Desk fails to create a new ticket on Reply email

          When I send a direct email to support@mysite.com, Desk will create a new ticket as expected. When I REPLY to an email sent from support@mysite.com, Desk will NOT generate a new ticket. This is very bad. How can I fix this? Use case: In a separate system
        • Amendment effective date

          Hi everyone, I noticed that the amendment effective date mentionned in my amendment is not right. Indeed, when a contract is amended several times, it states the previous amendment and their effective date. However, the effective date stated is always
        • STOCK history in zohosheets

          is it possible to get historical stock value using stock function in zoho sheets? i could not see from and to period in the helper document.
        • Auto sync Photo storage

          Hello I am new to Zoho Workdrive and was wondering if the is a way of automatically syncing photos on my Android phone to my workdrive as want to move away from Google? Thanks
        • Can't add a sender adress from zoho campaigns

          hi, I need to change the sender address for a campaign.  When i try to add it i get a message to say 'duplicated email address found while adding your sender address'.  This is the first campaign i'm sending so I don't understand why this message is displayed? Thanks Jane 
        • Condition based aggregate fields in subforms

          Hello everyone, We're excited to inform you about the latest enhancements made to our aggregate field capabilities in subforms; create aggregate fields based on conditions! An aggregate field is a column on which a mathematical function has been applied.
        • Zoho Desk Training

          Hello, We've had Zoho desk for a while now, but we run into issues occasionally, and I was wondering if there was a customer who currently uses it and really enjoys the functionality, that would be wiling to chat with us?
        • Introducing parent-child ticketing in Zoho Desk [Early access]

          Hello Zoho Desk users! We have introduced the parent-child ticketing system to help customer service teams ensure efficient resolution of issues involving multiple, related tickets. You can now combine repetitive and interconnected tickets into parent-child
        • Text/SMS With Zoho Desk

          Hi Guys- Considering using SMS to get faster responses from customers that we are helping.  Have a bunch of questions; 1) Which provider is better ClickaTell or Screen Magic.  Screen Magic seems easier to setup, but appears to be 2x as expensive for United States.  I cannot find the sender id for Clickatell to even complete the configuration. 2) Can customer's reply to text messages?  If so are responses linked back to the zoho ticket?  If not, how are you handling this, a simple "DO NOT REPLY" as
        • Agent password reset

          Hi Zoho support, I would like to ask if there is a way the admin can reset a password of an agent? Regards
        • Can receive but not send messages in Zoho Mail

          Hello! I was able to configure my email client successfully in that I can receive messages just fine. However, when I send messages out, they seem to go out fine (I don't receive any errors or anything), but the recipient does NOT receive those messages.
        • Why is Zoho Meeting quality so poor?

          I've just moved from Office 365 to Zoho Workplace and have been generally really positive about the new platform -- nicely integrated, nice GUI, good and easy-to-understand control and customisation, and at a reasonable price. However, what is going on
        • Mail is sent twice!

          Been using Zoho for a while now. Installed Zoho for someone else and some weird things are happening. Mails are being sent twice. He is using Thunderbird as an email client. I already read about email being duplicated in the sent folder. But in my case
        • Can't login IMAP suddenly

          Since this evening I'm getting the error: You are yet to enable IMAP for your account. Please contact your administrator... IMAP always been enabled in my account and was workign fine for the past 7 years. Already tried turning IMAP off and on again.
        • Sending of username did not succeed: Mail server pop.zoho.com responded: User already specified

          I am having issues receiving emails from Zoho in Thunderbird. I am getting the above error. The first error tells me Authentication failed, and prompts me to enter in my password. Then I get the above error. I can receive emails when I log in online to
        • Bug tracking

          Hi, does anyone know how to track errors during picking or packing? This way I can keep track and see how to improve and prevent errors in this area.
        • Exact match in name when searching workdrive

          Hello, I am wondering how to search workdrive files/folders with an exact match in the name. For example, when I search across folder with the url param search[name]=someName, I get multiple results such as "someName", "someNameAndMore", or "someName
        • Next Page