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6 Ways Your Marketing Is Breaching GDPR

Marketing breaching GDPR is a real issue! The General Data Protection Regulation (GDPR) has had a profound impact on how businesses communicate with prospects and customers, and how they conduct their marketing. There are still businesses that believe that once users consent to their marketing campaigns, they can use the gathered personal data however they want.

But this can get you in a world of trouble!

GDPR is much more complex than getting consent from visitors and users. While many news outlets have placed emphasis on how consent is handled, it’s actually about the way businesses handle and protect personal data, what they use it for, and how they seek permission to use it.
GDPR is not a directive – it’s a regulation, and it’s legally binding. Companies could easily breach GDPR with their marketing efforts, and here the 6 common ways it can happen:

#1 Contacting people without active consent

GDPR regulates consent in extensive detail, and according to their regulations, consent must offer real choice, and users have to be in charge! It needs to be prominent, and users should have no issues understanding it. It should also be always requested on its own, not as part of any terms or conditions.

The only valid consent according to GDPR is a positive opt-in and requires you to disclose any third-parties that rely on that consent. You should also provide an easy way to withdraw consent.

#2 Automatic opt-ins

Automatic opt-ins were a common method to trick users who weren’t paying attention to consent. Such tactics are considered predatory and are considered marketing breaching GDPR tactics. Any tick boxes that are pre-ticked or say “click to opt OUT” are a huge breach.

Remember: The only type of consent accepted under GDPR is a positive opt-in.

#3 Poor lead lists and storage

Where are you storing your lead lists? While it’s very convenient to have them readily available on a shared Google Drive or OneDrive document, that’s a very poor practice and definitely a GDPR breach if you have the link set to public for sharing.

Your leads list should be secured and encrypted, and shared only on a need-to-know basis.

How long you keep the information is also important. Under GDPR’s data minimisation principle, holding information for too long is a marketing GDPR breach, so it’s important to delete it as soon as you don’t need it.

#4 Obtaining lists without confirmation of consent

One way marketers fill up their sales pipeline is with purchased lead lists. There’s a lot of third-party lead generator sites that are willing to sell lists to you. But you have to be careful when buying lists.

If these generators don’t have active consent from users on distributing their data to other parties, then YOU will be the one who’s breaching GDPR as soon as you contact those prospects.

You always need to have proof that they consented to be contacted by you, whether they gave the consent to you directly, or through third parties.

#5 Ignoring erasure requests

Users who have given consent to collect and process their data have the freedom to withdraw that request at any time. They can also request that you delete all the data that you have gathered on them. Not answering those requests is considered marketing breaching GDPR.

Do you know how to erase data? Do you know how much time you have to get back to them once they send a request?

GDPR states that you must act within a month of receiving the request, but there are also instances where you can extend response times; for example, when the user made multiple requests or in case the request is very complex.

#6 Accidentally sharing email addresses

Accidentally sharing any personal information is considered a breach under GDPR.

Surprisingly, emails are a very common reason behind a data breach. Emails that are sent to the wrong recipient are the most common mistake, as well as emails with unprotected attachments.  

An accidental data breach is still a data breach, so make sure your emails are secured and encrypted. This way, even if they are accidentally sent to wrong recipients.

Update: The ICO is sharing more and more information on specific circumstances and it’s interesting to note that a business email is protected under GDPR IF it contacts the ability to identify someone properly. The most common way is: [email protected] so with that in mind you should be wary about contacting businesses as well! Check out this page by the ICO about marketing to businesses here: https://ico.org.uk/for-organisations/in-your-sector/marketing/the-rules-around-business-to-business-marketing-the-gdpr-and-pecr/

For more information on GDPR email compliance, check out the 5 ways your emails could be breaching GDPR HERE >>> https://towerwatchtech.com/5-ways-your-emails-could-breach-gdpr/

Have more questions? Check out our Smiley Geeks IT Help Membership from only $69 a month!

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How to Hold an Azure Information Protection Staff Training

How to Hold an Azure Information Protection Staff Training feature image

In light of the latest data security climate, where a risk of a breach is higher than ever, it is of utmost importance to keep valuable data safe. Microsoft’s Azure Information Protection (AIP) helps in achieving this goal and it’s the solution we recommend.

Particularly when you consider that the UK average cost of a data breach is close to £2.87 million ($3.68 million) according to a recent report from the Ponemon Institute.

Azure Information Protection is a cloud-based data protection solution that keeps data safe through advanced encryption, identity, and authorisation policies.

But. 

Adopting AIP isn’t enough – you need to train your staff on how to use it properly. Newly accepted regulations like the EU General Data Protection Regulation (GDPR), combined with concerns about what awaits the UK in terms of free data flow after Brexit, make data security an important aspect to every company, so it makes sense to invest into Azure Information Protection staff training.

Ensuring Your Employees Are ‘On Board’

Change is something many employees are not fond of, so getting them on board with Azure Information Protection Staff Training is the first thing to do before you begin with implementation and actual training.

When your employees are educated on GDPR and data breach consequences, they will become more engaged in Azure Information Protection staff training. Not being compliant and risking a breach could cost them their job because many businesses that suffer a major data breach never recover. 

But, how do you do hold Azure Information Protection Staff Training?

Step #1 Educate on the Risks

Start by making your staff aware of the dangers of security breaches and just how little it takes for one to occur if data protection is lacking.

Step #2 Explain Their Role in Compliance & Data Protection 

Many employees are not aware of just how important they actually are in keeping data safe. Start by explaining their role in the company security and compliance. Explain that whenever they send data – be it email or access to a folder – to somebody inside or outside of the company, it can be a security risk. The risk here is that often there are no resources that would monitor or restrict misuse of that shared data.

The most recent statistics included in IBM’s Cost of a Data Breach Report show that a staggering 27% of all data breaches that happened was caused by a human error – in other words, employee negligence was the cause.

Think about the following scenario: You are sending sensitive financial data to an outside partner. The partner is negligent and sends this confidential data to parties that should not have access to it. This constitutes a data breach.

A data breach has serious consequences far beyond actual financial costs including:

  • Hacking
  • Downtime
  • Loss of customers
  • Loss of personally identifiable information (PII) from customers and employees
  • Loss of intellectual property
  • Loss of financial information
  • Breach of data protection laws
  • Legal fines and claims
  • Reputation damage

Step #3 Show Why Azure Information Protection is the Solution 

Proper training will help reduce the risk of a data breach as a result of human error. Before you fully implement AIP, ensure your staff become familiar with all the features and that each department knows how to utilise its full potential. 

Explain how Azure Information Protection works and how, when integrated, in the organisation it can help on an operational level. 

Step #4 Show off Features They Can Use

During Azure Information Protection staff training, the focus should be on providing specific and detailed guidelines to each department. Present all the important features that AIP offers:

  • You Can Classify Your Data – AIP helps classify and label data based on how sensitive it is through a system of labels that automatically protect it once applied.
  • 24/7 Protection – Once you classify data and protect it, it stays protected. AIP follows data and ensures it’s protected even when shared outside of your organisation or stored on an external device.
  • Track Data and Revoke Access  – AIP helps you track what is happening to data you have shared, and in case it’s needed, you can easily revoke access.
  • Log and Report Support Compliance – Get access to powerful features that help analyse and monitor usage of data. The reporting feature helps maintain compliance with rules and regulations.
  • Safe Collaboration – Thanks to labeling and classification, you have complete control over who has access to data and how they can interact with it.
  • Microsoft Office Integration – AIP is integrated into MS Office so you can secure any document with a single click as well as automatically in the background. 
  • Easy to Manage and Deploy – AIP works in the cloud and on-site equipment too.

Step #5 Make it Specific

Once done, provide each department with detailed guidelines and best practices for using AIP specifically for them. For example, teach your finance department staff on how to use AIP features like the Do Not Forward Button or Sensitivity Bar, or your marketing department on how to apply AIP labels and send data to external partners.

If you want to make your AIP staff training easier, we’ve created an Azure Information Protection Staff Training Course on The TowerWatch Academy.

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8 Signs Your IT Managed Service Provider Is GDPR Compliant

GDPR Compliant IT Managed Service Provider Feature Image

Before hiring an IT managed service provider you need to make sure they are GPDR compliant, and capable of making sure your business technology is compliant too. You can’t afford not to.

With the recent GDPR regulations that came into effect in May, no matter how big or small your business is, you still need to comply.

But, that’s not all. 

Under the GDPR, any 3rd parties that handle sensitive information on your behalf are processors, and your duty is to make sure they know their responsibilities too. Your service provider falls into that category. Here are 10 signs that indicate they have taken the appropriate measures to be GDPR complaint as well.

1. They can answer your questions on GDPR and how it relates to technology. 

Your GDPR compliant IT managed service provider (MSP) should be able to provide clear answers to any inquiries related to the GDPR. They should have details on the type of data they manage and how it’s being stored, processed, and protected.

They should be able to explain what steps they are taking to ensure that data is safe, and they will be able to provide you with proof of how they are doing that.

Then, they should be able to explain how they can help your specific business do the same. 

2. Their GDPR compliance is reflected in their contracts 

To ensure that they are compliant, your managed service provider should have included GDPR principles into their contracts. Since they are exchanging data with you, the contract should reflect the GDPR regulations. If you have an ongoing contract with your MSP and it wasn’t updated yet, contact them ASAP and demand the update.

They should also have an up-to-date and compliant privacy policy. 

3. They are ICO registered 

Most MSPs will need to register with the ICO, some will need to pay a fee while others won’t. Only data controllers have to pay the fee, and if that applies to them you should be able to find them on the ICO public register

Note: It’s highly likely they will need to be registered with the ICO. However, this is not always the case with every business. If they aren’t registered they should be able to demonstrate why they are exempt. 

4. They honor new personal data rights

GDPR clearly states that individuals are the owners of their data and have specific rights pertaining to their data:

  • They have the “right to be forgotten” and can request that all their data be erased. When such a request is received, it should be solved within a month.
  • They should be informed about any usage of their data.
  • They have the right to request copies of their data.
  • They also have the right to correct any data collected on them.

MSPs should have policies in place that honor every single one of these rights. Although this places an extra burden on how they are handling data, not adhering to it can jeopardise them and the data they are processing.

5. They understand GDPR compliant tools

Since your MSP regularly exchanges data with you and others, they should ensure that data can never be accessed by an unauthorised party. This can be done through encryption and other security policies that keep data safe wherever it is.

Now imagine your MSP is storing data outside of the EU their data centres are located in the US. Because they are still handling data from EU citizens, it still falls under the GDPR jurisdiction and should be treated as such. This means that no matter the location, that data should be protected in a compliant way.

7. They have updated their own practices

It’s easy to say you’re compliant but often companies will still be using their original bad practices. For example, automatic opt-ins, ignoring erasure requests, or using old lists without the proper consent. 

8. Understand their own processes that collect and store data

Your MSP should be able to tell you which stages of their process they collect data, how it’s stored and in what way it is used. That should be part of their road to compliance. If they can’t they may not have been as thorough as they first appear. 

Signs Your IT Managed Service Provider is NOT GDPR Compliant

1. They say “GDPR doesn’t apply” 

This can be a major red flag. Because in most circumstances it will apply to some degree or another. Those who aren’t compliant often use this as an excuse but ignorance won’t stop their fines (or yours) if you work with them. 

2. They aren’t willing to sign data processing agreements

A data processing agreement is needed for data controllers to use a data processor under Article 28. If this applies and your MSP is unwilling to sign, AVOID! 

3. They have a ‘GDPR certification’ 

At present (Dec, 2018) there is no form of official GDPR certification/qualification or body of official training that gives this any weight. Of course, there are many training programs which can be helpful in providing education, but you cannot be ‘GDPR certified’ or ‘GDPR qualified’ as a company (yet.) This ‘qualification’ or training does not equal compliance. 

Hopefully this has made it easier for you to determine the fact from the fiction when it comes to finding a GDPR compliant IT managed service provider! 

If you wish to make sure your data is safe and compliant, we can help. Contact us today and let us help you set up the highest security standards for all your data requirements.