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

        • Support “Never End” Option for Recurring Meetings in Zoho Meeting

          Hello Zoho Meeting Team, Hope you are doing well. We would like to request support for creating recurring meetings with no end date in Zoho Meeting. Currently, when scheduling a recurring meeting, Zoho Meeting requires us to select a specific end date.
        • Add Custom Field Inside Parts Section

          How to Add Custom Field Inside Parts Section in Workorder like Category and Sub- Category
        • [Important announcement] Removal of Zoho Writer's DocuFiller Add-on

          Hi users, Effective 21st Feb. 2025, we will be removing the DocuFiller add-on for Zoho Writer's Fillable Templates. From that point on, the add-on's functionalities, such as sharing or publishing fillable forms for data collection and receiving submissions
        • Send Automated WhatsApp Messages and Leverage the Improved WhatsApp Templates

          Greetings, I hope all of you are doing well. We're excited to announce a major upgrade to Bigin's WhatsApp integration that brings more flexibility, interactivity, and automation to your customer messaging. WhatsApp message automation You can now use
        • Weekly Tips: Manage External Images in Zoho Mail

          When you receive emails every day, whether from clients, newsletters, or services, many of them contain external images that automatically load when you open the message. While this can make emails look more engaging, it can also impact your privacy and
        • Implementing a Self-Invoicing/Vendor Portal in Zoho Creator

          Hello Zoho Community / Creator Experts, We would like to build a Self-Invoicing Portal (Vendor Portal) in Zoho Creator for our external contractors. Our goal is to allow approved contractors to log in, submit their invoice details (hours worked, project
        • Function #32: Schedule low stock notifications on a timely basis to specific users of the organization

          Hello everyone and welcome back to our series! For a business that heavily relies on inventory, monitoring the stock levels and getting timely notifications of low stock items will ensure a smooth sail. Zoho Books allows you to always keep a check on
        • Is it really true that I can't set the default 'deposit to' account in 2025?

          I've been using Books for 7 years and the default account has never been a problem. I usually manually reconcile invoices and have never had a thought about which account. It has always been my account. However, I recently noticed that for the past 4
        • SINCH HUB MESSAGEMEDIA with ZOHO DESK

          1) what I need from MessageMedia, 2) what I want to confirm on the Zoho Desk Dev Forum. MessageMedia – needs and requirements Goal: Send SMS from a Zoho Desk widget for EU users. Auth: HTTP Basic (API Key + Secret). Keys must not live in the browser.
        • Function #46: Auto-Calculate Sales Margin on a Quote

          Welcome back everyone! Last week's function was about displaying the discount amount in words. This week, it's going to be about automatically calculating the sales margin for a particular quote, sales order or an invoice. Business scenario Where there is sales, there's also evaluation and competition between sales reps. A healthy rivalry helps to better motivate your employees to do smart work and close deals faster and more efficiently. But how does a sales rep get evaluated? 90% of the time, it's
        • Invalid URL error when embedded sending url into iframe for my website when using in another region

          Hi team, My site is currently working on integrating your signature feature as part of the system functionality, it's working great but recently there's been a problem like this: After successfully creating the document, i will embed a sending url into
        • 2024 Email Authentication Standards: Elevating Security with Google and Yahoo

          In contemporary email communication, email authentication plays a pivotal role in mitigating email fraud, spam, and phishing attacks. Brace yourself for a new level of security. Starting February 2024, Gmail and Yahoo will be implementing robust email
        • New features released: Data from Picture for Web, Pattern Fill, and Translation in Zoho Sheet!

          Hello Sheet users, In 2024, the Zoho Sheet team focused on research and development to bring new features that add to functionalities like productivity, data management, collaboration, and more. This year, we're all set to roll them out incrementally
        • Kaizen #59 - Creating alerts and custom messages using Client Script

          Hello everyone! We are happy to resume our Zoho CRM Developer Community series - The Kaizen series! Welcome back to the new start of Kaizen! This post is about Client Script and its simple use cases involving ZDK Client functions. What is Client Script?
        • [Webinar] Zoho Writer for content creators and publishing houses

          Managing multiple drafts, edits, and client reviews doesn't have to slow you down. Join our upcoming webinar to see how Zoho Writer helps content creators and publishing houses create, edit, and publish seamlessly—all in one place. You'll learn how to:
        • Universal search

          Hi, it would be useful if the search bar was universal-so if you entered a term, it would bring up results from contacts, candidates, clients etc all at the same time (but broken down under the relevant headings)
        • Attachment reminder?

          My team and I often need to attach files to our messages, e.g. an explanatory screenshot or a shipping label. More often that I want to admit I mention the attachment but forget to actually attach it. Some email clients have a check-for-missing-attachments
        • ZIA in Zoho Cliq

          Is It possible to use the ZIA feature from Zoho Analytics in the Zoho Cliq?
        • Automating CRM backup storage?

          Hi there, We've recently set up automatic backups for our Zoho CRM account. We were hoping that the backup functionality would not require any manual work on our end, but it seems that we are always required to download the backups ourselves, store them,
        • Multiple upload field CRM

          I desperately need the functionality to add more than one upload field to web to contacts form. How can I do this?
        • Critical Need for Global Search in Zoho FSM

          Hello Zoho FSM Team, We are currently in the process of deciding whether to fully transition to Zoho FSM for managing our field service operations. At present, our team actively uses Zoho Desk (with over 50 users) and Service Fusion, which we are considering
        • Collections Management: # 1 Payment Collection is All About Convenience

          "Sir, can you come tomorrow? My manager wasn't available for the cheque sign-off", the customer said, avoiding eye contact. Ravi forced a polite smile, but inside, he felt a sense of defeat. He had already visited the customer's office twice in the last
        • Can the Product Image on the Quote Template be enlarged

          Hello, I am editing the Quote Template and added ${Products.Product Image} to the line item and the image comes up but it is very tiny. Is there anyway that you can resize this to be larger? Any help would be great! Thanks
        • Audio/video quality issues with Zoho Meeting – Any roadmap for improvement?

          Hi Zoho Team, We’ve been using Zoho Meeting for both internal and external meetings, and unfortunately, the experience has been consistently poor. The video and audio quality are so unreliable that it often renders meetings ineffective—especially with
        • Cash based businesses cannot use the new fixed asset module

          Hello all, If your bookkeeping is reporting in cash, you cannot use the new fixed acid module, as it does all the depreciation bookings accrual and not cash. This is definitive and you can't turn them into a cash booking. They will never appear in your
        • Zoho Learn & Zoho Connect

          Hi, Is there a way to sync the knowledge base we have in Zoho Learn with the manuals section is Zoho Connect? Thanks,
        • Apply Payment Received Amount Zoho Books Invoice

          Hello team here is the sample code How can apply the payment received record over a unpaid zoho books invoice. //......................... paymentID = customer_payment.get("payment_id"); organizationID = organization.get("organization_id"); paymentmaplist
        • Zoho Books Finance Modules Not Accessible in Zoho CRM Mobile App

          We have integrated Zoho CRM with Zoho Books using the Zoho Finance Suite integration. In the CRM web version, we can see the Finance modules (Estimates/Quotes, Invoices, Sales Orders, Items, Payments) and are able to create invoices and quotes directly
        • [Live Webinar] New in Zoho WorkDrive: AI enhancements, Data Loss Prevention, Version Controls, and more

          Hello everyone, We're excited to bring you another round of powerful updates in Zoho WorkDrive! Join us on May 15 for an exclusive live webinar where we’ll unveil the latest features designed to enhance your team’s productivity, collaboration, and data
        • Live webinar: Streamlining legal operations: Leveraging Zoho WorkDrive for law firm success

          Hello everyone, Managing legal documents across departments and jurisdictions can be complex, but it doesn’t have to be. Join us on March 6 for an exclusive webinar where we’ll show you how Zoho WorkDrive empowers legal teams to stay compliant, organized,
        • Live Webinar: Optimizing back-office operations in the manufacturing industry to maximize profitability

          Hello everyone, We’re excited to invite you to our upcoming live webinar on February 6! Discover how Zoho WorkDrive can help manufacturing businesses optimize back-office operations, improve efficiency, and boost profitability. Our product experts will
        • Live webinar: 2024 recap of Zoho WorkDrive

          Hello everyone, We’re excited to invite you to our year-end live webinar! This session will take you through the transformative features and updates we’ve introduced in Zoho WorkDrive this year, helping you streamline document management like never before.
        • Live webinar: Explore WorkDrive's seamless integrations with key Zoho apps

          Hello everyone, We’re excited to invite you to our upcoming live webinar, where we'll delve into the seamless integration of WorkDrive with other key Zoho applications! This is a fantastic opportunity to enhance your productivity and streamline your workflows
        • Live webinar: Getting the most out of WorkDrive in Zoho Workplace

          Hello everyone, We’re excited to invite you to our upcoming live webinar, where we’ll explore how to maximize your use of WorkDrive as part of the Zoho Workplace bundle. This is a fantastic opportunity to elevate your productivity and streamline your
        • Live webinar: Mastering data migration, organization, and team collaboration

          Hello everyone, We’re excited to invite you to our upcoming live webinar! Discover how to seamlessly migrate your data, optimize file organization, and boost team collaboration using Zoho WorkDrive’s powerful features. This is a fantastic opportunity
        • Join our live webinar: Explore the WorkDrive TrueSync application!

          Hello everyone, We are thrilled to invite you to a live webinar focused on mastering the WorkDrive TrueSync application. Discover how to seamlessly sync your content between the cloud and your computer, ensuring smooth and efficient file management. Our
        • Zoho Creator customer portal limitation | Zoho One

          I'm asking you all for any feedback as to the logic or reasoning behind drastically limiting portal users when Zoho already meters based on number of records. I'm a single-seat, Zoho One Enterprise license holder. If my portal users are going to add records, wouldn't that increase revenue for Zoho as that is how Creator is monetized? Why limit my customer portal to only THREE external users when more users would equate to more records being entered into the database?!? (See help ticket reply below.)
        • Script Editor not an option

          I am trying to apply a script to a sheet and Script Editor is not an option. I don't want to go outside Sheets to do this (like Creator) if it can be done inside Sheets.
        • Envio de mails

          Hola! No puedo enviar mails pero si recibirlos. No se como solucionarlo! Mi dominio es chidobebes.com.ar
        • ERROR CODE :554 - Your access to this mail system has been rejected due to poor reputation of a domain used in message transfer

          In my email configuration: The domain's MX Records are pointed to Zoho The domain's SPF Records have been pointed out successfully DKIM is enabled. DMARC Record is pointed for the domain. The domain name is digioorja.in. Still facing the issue of Error:
        • Next Page