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

        • 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?
        • New Feature: Audit Log in Zoho Bookings

          Greetings from the Zoho Bookings team! We’re excited to introduce Audit Log, a new feature designed to help you track all key actions related to your appointments. With Audit Log, you can maintain transparency, strengthen security, and ensure accountability.
        • Account disabled

          I have an issue I need help with. Whilst trialing ZOHO CRM I created the following: Account1 (-------------) using m__ame@m__rg___s__i__.___.__ and 2 personal emails Account2 (-------------) using a personal email and 2 users _al__1@______________._o_.__
        • Blocked Email

          We are a Zoho One subscriber and use Yahoo as our MX provider. A few times each year, for the past four years, CRM blocks one or more of my Zoho One users from receiving internal email from CRM. This includes "@mentions" in all modules, and emails from
        • message var is empty in bot mention handler

          Hi, I'm encountering a problem: in my bot's mention handler, I want to retrieve the text the user typed when mentioning the bot. Example: On the #tests-cyril channel, I send this message: “@Donna hello how are you ?” I expect the system variable "message"
        • Remembrance Day to Remember – Recalling Values

          The phrase “at the eleventh hour” refers to the 11th hour of the 11th day of the 11th month in 1918, when the hostilities of World War I came to an end—but it still holds meaning today. Remembrance Day (Veterans Day in the US) is observed on November
        • Enhancing Zia's service with better contextual responses and article generation

          Hello everyone, We are enhancing Zia's Generative AI service to make your support experience smarter. Here's how: Increased accuracy with Qwen One of the key challenges in AI is delivering responses that are both contextually accurate and empathetic while
        • How to display two measures (sales and price) divided by categories on one line chart

          Hi everyone, I’m having trouble figuring out how to display two columns on a line chart with category breakdowns. What I need is a line chart where one line represents Sales and the other represents Price. However, the Price data is divided into around
        • Create custom rollup summary fields in Zoho CRM

          Hello everyone, In Zoho CRM, rollup summary fields have been essential tools for summarizing data across related records and enabling users to gain quick insights without having to jump across modules. Previously, only predefined summary functions were
        • Introducing the locking option for CRM records

          Last modified on 06/04/2023: Record locking option in CRM is now available for all Zoho CRM users in all DCs. Note that it was an early access feature available only upon request. Hello All, Hope you're doing well! We're thrilled to introduce our latest
        • Two new enhancements in Zoho CRM: Introducing new criteria for user fields and displaying group information in users page

          Announcement moderated on 14th June, 2023. Dear All, These enhancements are opened for all users in all DCs. ------------------------------------------------------------------------------------- Dear All, Hope you're well! We are here with two useful
        • Tip #49- Navigating the Remote Support Dashboard in Zoho Assist- 'Insider Insights'

          The Remote Support dashboard in Zoho Assist is designed to help technicians quickly access, manage, and monitor all their support sessions from a single, intuitive interface. Whether you’re starting a new session, managing ongoing connections, or reviewing
        • BMI formula

          I've been trying for hours to calculate BMI using height and weight as my only inputs. It's a simple calculation and I even went to ChatGPT to help me figure this out in Zoho Forms, but it led me down a path of "try this" and "try this". None of my attempts
        • SEO on blogs

          Hello, google is not able to find my blogs. Can you advice me if I need to change some settings or anything else to make it retrievable via SEO many thanks, hans
        • Duplicated Notebooks

          Out of the blue, almost all of my notebooks got duplicated and the different copies contain different information. Some seem like older copies than the others. I use the linux desktop app and sometimes the Android app. I assume that the sync failed at some point and was unable to merge the two versions together. But I'm afraid to add anything else to my notebook because if it can't properly sync 5 notebooks with only a handful of notes each, what will happen when I have hundreds of notes and I lose
        • Mind mapping in Zoho Projects

          Good morning,   I would like to congratulate the Zoho team for building such an inovative and responsive application that fits in the daily challenges of so many work groups. I would like suggest you another functionality that helps a lot in project planning and development: mind mapping. Mind mapping would be of great help for brianstorming, knowledge management and other needs in online collaboration.   Thanks and wish you all the best! George Maha Empresa Júnior Multidisciplinar do Instituto de
        • Retainer invoice in Zoho Finance modlue

          Hello, Is there a way of creating retainer invoices in the Zoho Finance module? If not can I request this is considered for future updates please.
        • Documents don't sync properly

          Hello, My team recently moved to Zoho workDrive, some of my team, work remotely so we believed Zoho would be the best way to share and edit files as well as access files withing the team. However we are experiencing sync issues, when a file is uploaded in the file explorer and shows sync complete, same file can be seen on the Zoho web app but other team members can't see the said file because it is not syncing properly. i figured out that if i were to go to preferences in settings and resync the
        • We are looking for an experienced Zoho Developer

          Hi Everyone! We’re on the lookout for a skilled Zoho Developer with hands-on experience in the Zoho Developer Platform (The Vertical CRM Platform) and if you don't know what that is, then you are not the person we are looking for. You would also need
        • Initiate approval workflow after "on edit --> on success"

          Dear Community,  currently I am working on a initiative tracker which should handle approval workflows based on different initiative status. As far as I understand, an approval workflow can be triggered (only?) when data is entered for the input form to the database.  Example: A new initiative is created and submitted. --> Approval Workflow triggered Here comes my question: Is it also possible to trigger an approval workflow if the form was "simply" updated? (on edit --> on success) Imagine the initiative
        • Tax Deductible Donations to a Charity Organisation

          For Australia, what's the best/proper method for entering an expense that is a tax deductible donation to a charitable organisation. And thus is appears correctly in Accounts and BAS as a GST payable deduction?
        • Simultaneous use of WhatsApp Account in SalesIQ and ZohoDesk

          Hi, We have only one number registered in Meta, it's possible use same account for two apps? All times here we try is stopping in SalesIQ. Regards,
        • External lookup fields to synchronise with Analytics

          Hello. I suggest adding external lookup custom fields to the Zoho Analytics integration settings. Currently, these types of fields are not available for synchronisation, so they cannot be used to generate reports with related tables in Analytics. Thank
        • We should have an option to Toggle Off KB Article Links in AI Answer Bot Replies

          Hi everyone, I'm creating this topic to share a feature idea that I think would improve the customer experience when using the AI Answer Bot for self-service. The Current Behavior (The Problem) Currently, when the AI Answer Bot generates a summary or
        • Boot Loop After Removing Service from Client via Admin

          We have multiple laptops experiencing a boot loop / unable to login after the Zoho Remote service was removed from their machine remotely via the desktop client. The Windows sign-in screen is not available, and users are unable to login. This seems like
        • Request Backend Correction — Domains Mapped to Same Help Center (Multi-Brand Setup Failure)

          Hello Zoho Desk Support Team, I need assistance correcting a domain-to-brand mapping issue in our Zoho Desk instance (The Blue Ribbon Project). Both of our verified domains currently point to the same Help Center instead of separate brand portals. Current
        • is there any option to enable the participants interact - can write on the screen, while the screen is shared by the host?

          this is most expected features - for teaching children. is there any option to enable the participants interact - can write on the screen, while the screen is shared by the host?
        • How to disable the Login button in Desk Helpcenter

          Hey there, I'm testing out whether the help center within Zoho Desk could replace our existing Customer FAQ. I tried to customize the themes for the public help center frontend, but stumbled across the login button in the navigation bar. Is there any
        • Subforms in stateless forms

          I think the title says it all. We need to be able to add subforms to stateless forms. Currently the only workaround is to create a Form and delete each record upon submission of the form. I need to build an interface to update our inventory. Basically
        • Standard Payment Term is not pulled from account to quotation

          Hey Team There seems to be something off. I do have "Net 30" as my default payment term in Zoho Books for my customers. If, from the customer overview or quote section, I create a new Quotation, the payment terms field stays blank and doesn't get the
        • Zoho Analytics Export API

          Hi Team, I’m working on some integration tasks and wanted to confirm if it’s possible to retrieve a Zoho Analytics table as JSON data using a Deluge script. I’ve already stored my custom data from multiple sources and combined it into a single source.
        • Best way to display complex Bookings Consultation Descriptions on Zoho Site?

          I am a new user so apologies if this has been asked before. I couldn't find any answers in the forum. We offer 18 complex Consultations to our subscribers. Our current platform lets me put detail on these Consultations thoroughly (200-300 words) during
        • Next Page