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

        • Narrative 14: The magic bazaar of Desk

          Behind the scenes of a successful ticketing system: BTS Series Narrative 14: The magic bazaar of Desk Marketplace is a centralized platform where users can discover Zoho and third-party applications that can be integrated with their Desk account to facilitate
        • Collections Management: #2 Late Payment Automation

          "Sir, I'll process the payment by evening, please don't apply any late payment charges", the customer said while arranging papers on his desk. Sanjay stood there with a tired smile. He had already visited twice that week. Payment collection was one thing.
        • Create a table in the layout section of modules

          Dear Sirs, I would like to know whether is possible to create a table under new fields in layouts section of modules. In fact in this section there are single line, multi line, pick list, multi-select, date, formula etc. but I am unable to add a table
        • Nimble enhancements to WhatsApp for Business integration in Zoho CRM: Enjoy context and clarity in business messaging

          Dear Customers, We hope you're well! WhatsApp for business is a renowned business messaging platform that takes your business closer to your customers; it gives your business the power of personalized outreach. Using the WhatsApp for Business integration
        • Power of Automation :: Automatic Task Status Handling for Users

          Hello Everyone, A custom function is a software code that can be used to automate a process and this allows you to automate a notification, call a webhook, or perform logic immediately after a workflow rule is triggered. This feature helps to automate
        • Question - why no way to input a 'tool description' and 'tree of 'tools'

          Every business is different, with different business processes. To be truly useful Zoho MCP needs to have user editable tool descriptions (or ruleset) and a 'tool tree' so that the LLM is context aware when being used. For example, the tool description
        • Develop Zoho Meeting as a Full Native Application (Not a Browser Wrapper)

          Hello Zoho Meeting Team, Hope you are doing well. We would like to suggest an important improvement regarding the Zoho Meeting desktop application. At the moment, the Zoho Meeting app feels more like a mini browser window or an iframe that loads the web
        • Can I create a custom function for chart of accounts?

          I'm trying to add a custom function that should run whenever a record in the Chart of Accounts module is edited, but on the form for creating a new function, the module dropdown does not include the chart of accounts as an option.
        • billing

          hi, I am being billed $12/year, and I can't remember why. My User ID is 691273115 Thanks for your help, --Kitty Pearl
        • Automatic Matching from Bank Statements / Feeds

          Is it possible to have transactions from a feed or bank statement automatically match when certain criteria are met? My use case, which is pretty broadly applicable, is e-commerce transactions for merchant services accounts (clearing accounts). In these
        • 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
        • Automation#36: Auto-create time-entry after performing the Blueprint transition

          Hello Everyone, This week’s edition focuses on configuring a custom function within Zoho Desk to streamline time tracking within the Blueprint. In this case, we create a custom field, and request the agent to enter the spending time within the single
        • Feature Request: Reviews

          Any chance we could get a "Reviews" element to put on sites? It should be extremely simple to do. Basically just take the comments box and add an option for a star rating. At the very least, it would be nice to have more customization options for the comment box so the text could be changed from "Comments" to "Reviews". I've looked at a bunch of embeddable review widgets but nothing meets my needs so this would be a great feature to have added to the site builder.
        • Can we handle a support like (incident management) project in Zoho Projects?

          Hi, I have a new profile of a project whereby we provide "ticket" base support to a client. They have a request and ideally we would handle comms via a email exchange logged in Zoho. Today we use Zoho Projects for all out projects, which means that we
        • Trying to show the actual Terms & Conditions on PDF

          Hi, On Zoho forms I am trying to have the actual terms and conditions that the user needs to accept also show on the pdf that they receive after. Right now it only says "Agreed". Please help.
        • Installing EMAIL Setup in New Domain

          Respected Support team, I'm facing an issue with cloudflare in Pakistan, I want to setup Zoho Mail Setup but I Don't know how to enable Zoho mail setup without cloudflare. My Website https://stumbleguyzzapk.com/, https://fakservices.com/ is using CF,
        • Enhancements to Zoho Meeting Annotator

          Hello Zoho Meeting Team, Hope you are doing well. We would like to share a few improvement suggestions regarding the Zoho Meeting Annotator used during screen sharing. While the current version provides helpful annotation tools, there are several limitations
        • Zoho Social/Marketing Plus - Addition to "Monitor" function

          It would be very helpful if the Monitor function would allow us to add a column to monitor hashtags in addition to pages and mentions. This is a common and very valuable function in other social listening tools.
        • Zoho forms - > Zoho desk multiple agents

          Hi! I would like to use a standard form to be used when we hiring people, so we looked at zoho forms for that. Now we would like to get that info in to Zoho desk and their different users shall take care of this ticket simultaneous . So, what would be
        • Almacenamiento

          Hola, Quisiera saber como podría hacer para bajar el almacenamiento de 5gb a mis usuarios, en otras palabras los quiero ir limitando de la cuota real, y luego ir agregando poco a poco la cantidad hasta llegar a los 5gb que me dan en el plan free. 
        • Zoho Invoice Now Supports VeriFactu for Businesses in Spain

          Starting from January 1, 2026, Spain requires real-time invoice reporting for all B2B transactions. From July 2026, this requirement will extend to B2C transactions as well. All reporting must be carried out through the VeriFactu to AEAT (Agencia Estatal
        • Will I Get a Refund If I Downgrade Zoho Mail?

          Hello, We upgraded an email account for our new employee. However, the employee left after one month, and now I've reduced the number of Zoho Mail users from 7 to 6. Can we get a refund for the remaining portion of our annual payment?
        • Infinite loop of account verification

          Hi I can't do anything on my zoho account.  I always get this message Hi Sheriffo Ceesay As a security measure, you need to link your phone number with this account and verify it to proceed further. When ever I supply the details, it displays that the number is associated with another account. I don't have any other account on zoho so this is really annoying. 
        • Zoho Billing Now Supports VeriFactu for Businesses in Spain

          Starting from January 1, 2026, Spain requires real-time invoice reporting for all B2B transactions. From July 2026, this requirement will extend to B2C transactions as well. All reporting must be carried out through the VeriFactu to AEAT (Agencia Estatal
        • Introducing the revamped What's New page

          Hello everyone! We're happy to announce that Zoho Campaigns' What's New page has undergone a complete revamp. We've bid the old page adieu after a long time and have introduced a new, sleeker-looking page. Without further ado, let's dive into the main
        • Zoho Books - France

          L’équipe de Zoho France reçoit régulièrement des questions sur la conformité de ses applications de finances (Zoho Books/ Zoho Invoice) pour le marché français. Voici quelques points pour clarifier la question : Zoho Books est un logiciel de comptabilité
        • Name autocomplete

          Hi, During searching emails the web tool does not always propose the auto-completion of the saved emails. As a result I either have to go to contacts and look up the exact email, or the exact full name including the middle name and any dots, which is very annoying. For example I have a contact that I emailed in the past that has "First M. Last" <email@email.com> type of contact. When I start typing 'First' the email may or may not pop up in the autocomplete menu. Then if I start typing "first last"
        • How do i follow up my email campaign in-thread

          Is there a way to follow up the email campaign so that it is in-thread using zoho campaigns? eg customer gets original email with subject line "hello" then 5 days later follow up would be with subject line "RE: hello".
        • Announcing new features in Trident for Mac (1.29.0)

          Hello everyone! Trident for macOS (v1.29.0) is here with new features and enhancements to enhance your business communication. Let's take a quick look at them. Access shared mailboxes. You can now view and access shared mailboxes in Trident, which are
        • Books is extremely slow again today !

          Everything is running slowly even with 500mb connection speed
        • Cyclic dependencies in many-to-many relationships...

          I have an application which includes a form for companies, and a form for contacts. Each company can be assigned 1 technical and 1 administrative contact. I have this working okay so far, but I want to copy the scripts used so far to a new empty application. When I import the scripts it fails with a message that says: Problem encountered while creating the application Error in resolving form dependency:Cyclic dependency among the forms:[Company, Contact] What can I do to resolve this? After all,
        • Zoho API to create ticket

          I'm developing an integration to create tickets via API, but, locally it works (send and recieve requests). In production it also works sending requests, but, my file don't recieve any response data. My URL is available in Zoho API Console and I have
        • Automate Timesheet Approvals with Multi-level Approval Rules

          Introducing Approval Rules for Timesheets in Zoho Projects. With this automation, teams can manage how timesheets are reviewed and approved by setting up rules with criteria and assigning approvers to handle submissions. Timesheet, when associated to
        • Labels Part 2

           Hey Zoho Mail Team, On the labels window on the left-hand pane, alphabetize label name display, rather than displaying in order created.  This one should be easy. Thanks, Drew
        • Building Toppings #1 - Serving your needs with Bigin Toppings

          Hey Biginners! We're excited to kick off our Developer Community series on building toppings for Bigin, and our goal is to provide an accessible, beginner-friendly, and relevant path for every developer. Imagine creating tiny pieces of software that unlock
        • Can we create Sprint with tasks from Multiple projects?

          Hi Team, We were using Zoho Sprints for quite sometime. Currently we have started the process of Sprint method. We couldnt create the active sprint board with the tasks from multiple projects. I would like to know whether this is possible or Any timeline
        • Tip of the Week #74– Create automated workflows in MS Power Automate

          Zoho TeamInbox now connects directly with Microsoft Power Automate, letting you streamline everyday routines tasks such as from sending emails to managing threads, with automated workflows. About the integration Zoho TeamInbox integrates with Microsoft
        • Account validation

          Hello everyone, I registered my account on ZeptoMail to use the system, but the problem is that the verification period on Zepto's end has already passed and I have limited functionality.
        • Paste issues in ZOHO crm notes

          Hi, since a week or so I have issues with the paste function in ZOHO CRM. I use "notes" to copy paste texts from Outlook emails and since a week or so, the pasting doesnt function as it should: some text just disappears and it gives a lot of empty lines/enters.....
        • Is it possible to add a gradient color to a newsletter im designing?

          From where i sit it looks like you can only choose a single color but not combine 2 colors?
        • Next Page