Crab Insight September 2020

Red Tape Busters Volume 7, Issue 12, Reassurance

Welcome to the September edition of Crab Insight

Our focus this month is on outsourcing. The business practice of engaging an external party to perform services or create goods that traditionally were done in-house by the company’s own employees. 

For example, a business may take the decision to outsource bookkeeping duties or the functions of human resource departments, such as payroll or recruitment, or health and safety activities as doing so may be more cost-effective than retaining an in-house specialist for each area or for a business owner trying to become an expert in each.

When used properly, outsourcing is an effective strategy to reduce expenses, and can even provide a business with a competitive advantage over rivals.

Whatever your outsourcing strategy you need to make sure that the company carrying out the work you require will not present additional risks to your business.

Claudia Crab’s September Focus

Claudia the Crimson Crab icon

To make sure you do everything possible not to get let down by someone else, do your diligence before selecting an outsourcing partner.

Robert Briggs – Compliance Director Crimson Crab

Outsourcing can be used to reduce labour costs, together with the cost of overheads, equipment, and technology.

Skill and knowledge gaps can be filled using third party experts.

Outsourcing may also be used to focus on the core aspects of the business, trusting the less critical operations to outside organisations.

On the downside, communication with the outside provider can be hard, and security threats can escalate when multiple parties access sensitive and personal data.

 

Top tip – A great starting point to find out where you are, is our Business MOT

 

F2 Business Huddle Online

The next FREE

F2 Business Huddle online

is on

Friday 9 October 2020

12 noon to 2 pm

It’s going to be the biggest ever

F2 Business Huddle

so far

All the favourite features that you have come to know and love at the F2 Business Huddle – online


Reputation Advocates

When you need a reliable and dependable expert click on the crab

Accredited Crimson Crab Reputation Advocate Logo
Feedback

We love to receive feedback and it really helps us to improve our services for everyone.


Until next month look after your reputation!!

Ethical, legal, responsible trading wave
T:023 9263 7190 | E: enquiries@crimsoncrab.net | W: www.crimsoncrab.co.uk

Copyright (c) 2020 Crimson Crab Ltd, all rights reserved.

Is my company’s website legal?

Building a website is easy, right? With the click of a few buttons and some vibrant graphics, you’re ready to go. Yes, perhaps, but is it compliant?

Even though your website is your organisation’s shop window, it’s important for it to look good and entice your target audience, it’s also crucial for it to be legally compliant.

But – what does that mean and how can you ensure it is compliant? 

All websites must conform to the Data Protection Act (and GDPR Regulations).

“If a business can’t show that good data protection is a cornerstone of their practices, they’re leaving themselves open to a fine or other enforcement action that could damage bank balance or business reputation.”

“Three-quarters of us don’t trust businesses to do the right thing with our emails, phone numbers, preferences and bank details. I find that shocking.”

Elizabeth Denham UK Information Commissioner

Your website is a powerful tool to grow your business – but can also be detrimental to the business if it isn’t compliant.

That’s why our tips are some of the top things to consider when it comes to your company’s website.

Always have a valid reason: Personal information from individuals and organisations can be useful for many reasons – but do you have a valid reason to use it for your intentions? Be clear about WHY you’re collating peoples’ details – and what it’ll be used for. Always give them the opportunity to give you permission in the correct way if you need to.

Security is key: If your website isn’t secure, you’re leaving yourself and your visitors susceptible to hackers and cyber-attacks. Don’t be responsible for this!

Is your privacy information in check? One of the most important documents on your website – above any information about what you sell – should be your privacy notice. Many businesses use a privacy policy, whatever you call it, it must contain specific information about your use and processing of personal data and if it’s not there you are not covered. Feel free to get in touch for more details.

Crab Insight July 2020

Red Tape Busters Volume 7, Issue 10, Profile

Welcome to the July edition of Crab Insight

What has been your biggest learning in recent weeks, and how will this change the way you present yourself to people?

Our word of the month for July is PROFILE, it’s all about how you will present yourself so as to stand out from the crowd in a digital-focused world?

Crimson Crab is on your side and ready to help you meet the challenges ahead.

Stay safe.

Claudia Crab’s July Focus

Claudia the Crimson Crab icon

“A website is a shop window to the world – it is also a great way to showcase breaches of the law”

If you have a website you need to make sure that you comply with the law in the following areas:

Disclosure

You should identify yourself correctly and give an address at which you can be contacted, there are specific requirements for a registered business, (e.g. Ltd, PLC, LLP).

Copyright

It’s imperative that you protect your copyright effectively and make sure that you do not breach other peoples copyright. It makes sense to also have a document setting out the terms of use of the website.

Disability Discrimination

Businesses have an obligation to make reasonable adjustments to help disabled individuals access their goods, facilities and services. The Equalities Act 2010 requires that websites are accessible to disabled people including Blind people. One way of meeting this responsibility is for website owners to comply with the WCAG 2.0 standard at Level AA the UK Governments recommended best practice for accessibility. 

Data Protection

You need to make sure that you comply with the Data Protection laws (including the GDPR) for all contact forms and any personal data collection. You also need to make sure that you have an appropriate Cookies policy detailing the cookies used and their purpose (and for example use a pop-up or other means to obtain ‘consent’).

Provision of Services

If you provide any services on or offline you have to make sure you comply with the Provision of Service Regulations. They require service providers to make available contact details where information requests and complaints can be sent, together with other specified information.  One way of complying is to include the required information on a web page and proactively provide the link to clients when discussing your services.

E-commerce

When using a website for e-commerce purposes then you still need to comply with the law that relates to a bricks and mortar outlet along with some special rules for an online business.

So there must be for example no unfair commercial practices and suitable control of sales of age-sensitive products (e.g. alcohol, tobacco, fireworks, knives, solvents, videos & games). If any products are sold to which safety legislation applies, for example, toys, bicycles, electrical goods the rules have to be followed, as they do when food of any type is sold. 

The Consumer Contracts Regulations require that you provide certain information when selling online, and also require you to tell the customer about their right to cancel the purchase within 14 days (not 7 any more). Failure in this respect can mean that the customer can enjoy a much longer cancellation period (up to 12 months)!

You also have to be careful to comply with the requirements of Card Providers and you cannot make additional charges for using such payment methods.

There are also rules around the way that complaints are dealt with and the provision of access to Alternative Dispute Resolution and the European Commissions Online Dispute Resolution Platform.

Top tip – We can check out your website


F2 Business Huddle Online

The next online F2 Business Huddle is FREE

It’s on Friday 10 July 2020

12 noon to 2 pm

It is going to be the biggest F2 Business Huddle ever – so far

All the favourite features that you have come to know and love at the F2 Business Huddle – online


Reputation Advocates

When you need a reliable and dependable expert click on the crab

Accredited Crimson Crab Reputation Advocate Logo

Feedback

We love to receive feedback and it really helps us to improve our services for everyone.


Until next month look after your reputation!!

Ethical, legal, responsible trading wave
T:023 9263 7190 | E: enquiries@crimsoncrab.net | W: www.crimsoncrab.co.uk

Copyright (c) 2020 Crimson Crab Ltd, all rights reserved.

Data Protection Essential Questions

Data protection essentials, 23 questions do you know all the answers?

  1. Do you understand what data flows through your business and have recorded:
    • what personal data you hold;
    • where it came from;
    • who you share it with; and
    • what you do with it?

  1. Have you recorded at least one of the six legal reasons for processing the data?
    • If you use consent
      • it is good consent;
      • you record how it has been given; and
      • you record and manage ongoing consent.
    • If you are relying on legitimate interests
      • you have done the three-part test; and
      • you can demonstrate that you have fully considered and protected individual’s rights and interests.

  1. Are you are currently registered with the Information Commissioner’s Office?

  1. Do you provide privacy information to individuals, e.g. clients, customers, employees and suppliers?

  1. Can you deal with a Subject Access Request i.e. requests from people to access their personal data within one month?

  1. Do you make sure that the personal data you hold remains accurate and up to date?

  1. Do you securely dispose of personal data that is no longer required or where an individual has asked you to erase it?

  1. Do you know what to do when someone asks you to restrict the processing of their personal data?

  1. Can someone move, copy or transfer their personal data from your system to another safely?

  1. Can you deal with an individual’s objection to the processing of their personal data?

  1. Do you know if you carry out automated decision making and if so, do you have procedures in place to deal with the requirements?

  1. Do you have a data protection policy, and demonstrate your compliance with it?

  1. Do you regularly review the effectiveness of your data handling and security controls?

  1. Do you provide data protection awareness training for all staff?

  1. If you engage third parties to process your businesses personal data on your behalf (e.g. email marketing companies, database providers, cloud-based service providers), do you have a written contract with them which meets the legal requirements and carry out suitable and sufficient diligence?

  1. Do you know the information risks you have and their business impact so that you can manage them in a structured way?

  1. Have you have implemented technical measures and policy to integrate data protection into your data processing?

  1. Do you understand when you must conduct a Data Protection Impact Assessment?

  1. Have you nominated a data protection lead, or a Data Protection Officer (DPO) if required or preferred (note this role can be outsourced)?
    • If you have a DPO have you notified the ICO?

  1. Do you champion a positive culture of data protection compliance in your business?

  1. Do you have an information security policy supported by suitable security measures?

  1. Do you record all personal data breaches no matter how trivial?
    • Can you manage and resolve them?
    • Do you know which must be reported to the ICO?
    • Do you know which must be reported to the data subject?

  1. Do you know what must be done if any personal data processed by others on your behalf is transferred outside the European Economic Area?

If you don’t know an answer you had better find out fast!

Data Protection Essentials

Here are 23 questions that you really should know the answers to:

  1. Do you understand what data flows through your business and record:
    • what personal data you hold,
    • where it came from,
    • who you share it with and
    • what you do with it?
  1. Have you recorded at least one of the six legal reasons for processing the data?
    • If you use consent
      • it is good consent,
      • Do you record how it has been given; and
      • Do you record and manage ongoing consent?
    • If you are relying on legitimate interests
      • Have you done the three-part test, and
      • Can you demonstrate that you have fully considered and protected individual’s rights and interests?
  1. Are you are currently registered with the Information Commissioner’s Office?
  1. Do you provide privacy information to individuals, e.g. clients, customers, employees and suppliers?
  1. Can you deal with a Subject Access Request i.e. requests from people to access their personal data within one month?
  1. Do you make sure that the personal data you hold remains accurate and up to date?
  1. Do you securely dispose of personal data that is no longer required or where an individual has asked you to erase it?
  1. Do you know what to do when someone asks you to restrict the processing of their personal data?
  1. Can someone move, copy or transfer their personal data from your system to another safely?
  1. Can you deal with an individual’s objection to the processing of their personal data?
  1. Do you know if you carry out automated decision making and if so, do you have procedures in place to deal with the requirements?
  1. Do you have a data protection policy, and demonstrate your compliance with it?
  1. Do you regularly review the effectiveness of your data handling and security controls?
  1. Do you provide data protection awareness training for all staff?
  1. If you have third parties that process your personal data, do you have a written contract with them which meets the legal requirements?
  1. Do you know the information risks you have and their business impact so that you can manage them in a structured way?
  1. Have you have implemented technical measures and policy to integrate data protection into your data processing?
  1. Do you understand when you must conduct a Data Protection Impact Assessment?
  1. Have you nominated a data protection lead, or a Data Protection Officer if you are required or prefer to? Note this role can be outsourced)?
    • If you have a Data Protection Officer have you notified the Information Commissioner’s Office?
  1. Do you champion a positive culture of data protection compliance in your business?
  1. Do you have an information security policy supported by suitable security measures?
  1. Do you record all personal data breaches no matter how trivial?
    • Can you manage and resolve them?
    • Do you know which must be reported to the Information Commissioner’s Office
    • Do you know which must be reported to the data subject?
  1. Do you know what must be done if any personal data processed by others on your behalf is transferred outside the European Economic Area?

If you don’t know the answers you really had better find out – we can help – take a look at our data protection solutions.

Crab Insight June 2020

Red Tape Busters Volume 7, Issue 09, Restoration

Welcome to the June edition of Crab Insight

Love your business – we do! As companies across the UK prepare for the ‘new normal’ we’ve just made our word of the month ‘Restoration’.

How are you going to restore your services while also taking account of and adapting to what was for most very difficult times?

Remember we are here for you, to help you meet the challenges ahead.

Stay safe.

Claudia Crab’s June Focus

Claudia the Crimson Crab icon

Personal Data Processing

“When it comes to data protection, small businesses tend to be less well prepared. They have less to invest in getting it right. They don’t have compliance teams or data protection officers. But small organisations often process a lot of personal data, and the reputation and liability risks are just as real.”

Elizabeth Denham, Information Commissioner

The Information Commissioner is the UK regulator for data protection and can impose substantial penalties for infringements. Data subjects also have a right to claim compensation if a company has caused the damage by a breach of the rules.

When you collect data you need to be transparent about why you are collecting it and how you will use it. This should be set out in an easy to find (and read) privacy notice or policy.

Where you share data with anyone else you need to make it clear with whom you are sharing it and why.

There are specific requirements and guidance if you outsource your data handling to a third party data processor. You must carry out suitable diligence and have written agreements in place which cover defined points.

If you use CCTV, cloud computing, cookies or engage in direct marketing, to name but a few, there is also specific guidance which must be followed.

Our top tip is if you process personal data, make sure you pay the data protection fee and give the correct privacy information to people, don’t forget employees and suppliers as well as customers and clients.


F2 Business Huddle Online

Location: Your Workstation

The next online F2 Business Huddle is FREE

It’s on Friday 12 June 2020

12 noon to 2 pm

It is going to be the biggest F2 Business Huddle ever – so far

All the favourite features that you have come to know and love at the F2 Business Huddle – online


Reputation Advocates

When you need a reliable and dependable expert click on the crab

Accredited Crimson Crab Reputation Advocate Logo

Feedback

We love to receive feedback and it really helps us to improve our services for everyone.


Until next month look after your reputation!!

Ethical, legal, responsible trading wave
T:023 9263 7190 | E: enquiries@crimsoncrab.net | W: www.crimsoncrab.co.uk

Copyright (c) 2020 Crimson Crab Ltd, all rights reserved.

Remain resilient during the COVID-19 outbreak, yes, but keep compliant too

It will be some time before life returns to “normal” in the UK and even then, things will no doubt be different.

Teams up and down the county have responded to what’s happening and stayed resilient by working from home.

But, how is remote working supporting many companies in their attempt to be resilient through these strange economic times? And, how are they remaining compliant every step of the way?

Working from Home

Thousands, if not millions, of employees, are working from home as a result of this pandemic.

From Microsoft Teams calls to Zoom, progress in using technology has proven to be an excellent benefit for businesses across the country.

Technology (and a reliable Internet line) hasn’t been relied on as much as it has in these unprecedented times.

While working away from the office is allowing businesses to continue efficiently, it does come with risk:

Data Protection

With an increase in the number of employees working from home, your people must understand the importance of protecting personal data on the IT they are using.

It’s all well and good if your company is following Data Protection legislation within an office environment, you must still ensure this doesn’t get thrown out the window with your remote workers. Especially if they are new to working at home or remotely.

If you need any help check out our Data Protection Solutions here: https://www.crimsoncrab.co.uk/our-solutions/data-protection-information-risks

Cyber Security

Producing an effective Cyber Security Policy comes with an understanding of where your own security is currently at.

If your business is susceptible to a cyber-attack then you must be ready to deal with this unfortunate risk… both for those working in an office and from their own home. Any system is only as good as the weakest link and regrettably, this is most likely to be an individual away from the discipline of the office environment.

Similar to protecting data, think about how you can remain compliant while keeping resilient throughout the lockdown.

Understand more about Cyber Security at the NCSC website here: https://www.ncsc.gov.uk/section/about-ncsc/what-is-cyber-security

Scams

Stay safe from online scams by taking simple steps while working from home.

Check your privacy settings, be aware of unsolicited emails, always use unique, strong passwords (use a trusted password manager – not the browser), update your software regularly, make sure your network is set up correctly, change all the default passwords on devices to a secure one and avoid using public Wi-Fi connections.

There is more information about Fraud and Cyber Crime on the Action Fraud website here: https://www.actionfraud.police.uk

Remember – your business must trade legally and it is your responsibility to do so ethically – no matter where your staff are based. Take full responsibility and get in touch with us on how you can remain compliant while focused on being resilient.

Is the fitting of a video doorbell in a home used for business purposes covered by GDPR?

The short answer is “it depends”.

Here is a link to the ICO’s guidance for people using CCTV in a domestic setting https://ico.org.uk/your-data-matters/domestic-cctv-systems-guidance-for-people-using-cctv/.

The second paragraph on this page is the most important one to consider.

Here is a link to the ICO Checklist on the business use of CCTV https://ico.org.uk/for-organisations/data-protectionself-assessment/cctv-checklist/, you will need to consider this particularly if you have clients coming to your home.

Data from Europe if the UK leaves the EU with no deal

If the UK leaves the EU without a deal and you are a small or medium-sized business or organisation based in the UK that needs to maintain the free flow of personal data into the UK from Europe, you will need to take some action.

Putting in place a contract between you and the sender on EU-approved terms, known as standard contractual clauses (SCCs) will be sufficient in most cases. The contract needs to be in place before the date that the UK leaves the EU without a deal.

If you receive personal data into the UK from the EEA (the EU plus Iceland, Liechtenstein and Norway), you need to:

  1. decide whether standard contractual clauses (SCCs) can help you maintain the flow of data
  2. select the right SCCs.
  3. understand the SCCs.
  4. complete the SCCs.

The ICO has produced an interactive tool to help with these steps.

If you are a larger organisation or multinational company, a data protection professional, or you already have well-established transfer mechanisms, the Information Commissioners Office (ICO) has specific guidance on leaving the EU and on international transfers on their website.

Things to think about before Brexit

If you haven’t already thought about it there are some things that you will need to do to prepare your business for Brexit.

Especially if you:

  • import or export goods or services to the EU,
  • exchange personal data (including customers’ addresses, staff working hours or information you give to a delivery company) with an organisation in Europe (this includes using websites or services hosted in Europe & processing personal data from Europe), or
  • you use or rely on intellectual property (IP) protection (this includes copyright, trademarks and patents).

There is a useful step by step guide at https://www.gov.uk/get-ready-brexit-check