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 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.

The Data Protection Bill

The UK’s third generation of data protection law has entered Parliament.

The Data Protection Bill was published on 14 September 2017 and aims to modernise data protection laws to ensure they are effective in the years to come. 

The Information Commissioner’s (ICO) website has been updated to include new section about the Data Protection Bill.

This explains the relationship between the Bill and the GDPR, detailing the additional areas the proposed new legislation covers. It also includes links to the ICO’s GDPR and Law Enforcement pages and to a Data Protection Bill fact sheet.

Notification under the Data Protection law

When the General Data Protection Regulations (GDPR) come into effect next year there will no longer be a requirement to notify the Information Commissioner’s Office (ICO) as there is now.

There is a provision in the Digital Economy Act which means it will remain a legal requirement for data controllers to pay the ICO a data protection fee. These fees will be used to fund the ICO’s data protection work. As now, any money the ICO receives in fines will be passed directly back to the Government.

The new system will aim to make sure the fees are fair and reflect the relative risk of the organisation’s processing of personal data. The size of the data protection fee will still be based on the organisation’s size and turnover and will also take into account the amount of personal data it is processing. The final fees will be approved by Parliament before being put into place.