Under GDPR, email addresses are considered confidential and must be used and stored within strict privacy and security guidelines. This article starts with quoting what the Europen General Data Protection Regulation (GDPR) says about securing personal data. It would identify them as an individual i.e. 10. This means if you can identify an individual either directly or indirectly, the GDPR will apply - even if they are acting in a professional capacity. Breach notification. If the company has mixed up email addresses and sent your correspondence to another customer, or perhaps they noted the incorrect email address when you provided it to them; these are the scenarios for breaches. Depending on how severe the breach is, the data controller has to act in different ways. Self-assessment. Encryption is a key data protection component of the GDPR. In the first month since the GDPR became enforceable, data breach self-reporting is up 500%. However, that's far from the full scope of what the GDPR considers a 'personal data breach'. If a business email address is personal data it will fall under the scope of the Regulation. Imagine the unimaginable number of emails flying around where we all email each other on GDPR? This means that a data processor should always report a breach to the data controller. Even before the European Union’s General Data Protection Regulation (GDPR) became enforceable on May 25th, the words “personal data breach” were enough to send shivers down to the spines of CIOs and CISOs the world over. One way of complying with GDPR means sending an email to every single person in your address book to either get consent for you to hold and process their data, and to explain how they exercise their rights under GDPR. Until April 30 of last year, just before the GDPR entered into force, the company sold 34.4 million user records with outside firms like Equifax (of data breach infamy) without informing the data subjects. GDPR: breach notification As part of our series of briefings on the General Data Protection Regulation (GDPR), we set out an overview of the new data breach notification requirements. Take our self-assessment to help determine whether your organisation needs to report to the ICO. A personal data breach is a security risk that affects personal data in some way. ... An email is sent to a group of people using the CC field rather than the BCC field, therefore disclosing everyone’s email address to everyone else. Data protection impact assessment (DPIA). your location data, for example your home address or mobile phone GPS data; an online identifier, for example your IP or email address. The GDPR may have made you focus on your mailing lists, but the GDPR has brought a whole range of new rules. Received a GDPR email from my old university computing society. GDPR talks about “genuine consent” and the need for consent to be “freely-given, specific, informed and revocable.” “The GDPR clarifies that pre-ticked opt-in boxes are not indications of valid consent,” UK Information Commissioner Elizabeth Denham wrote in a recent blog post on the ICO’s website. The payslip should be sent directly to the employee’s chosen email address. One of the major areas of change—and the one that’s been causing email marketers the biggest headache—is the question of how to collect and store consent. They didn't BCC people when sending it out or send it as individual emails. GDPR Compliant Email. But, does GDPR apply if the email address identifies or seems to identify an individual, for example john_weirdsurname@rollingstones.com , even if it’s public and provided by themselves to be contacted? Business to Business marketing is NOT exempt from GDPR – it’s a myth that it only applies to B2C (Business to consumer). ☐ We have allocated responsibility for managing breaches to a dedicated person or team. Under GDPR, a personal data breach is 'a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored, or otherwise processed.' 22 December 2016 For all the convenience of email, it doesn’t offer a much in the way of security. A final note for businesses using WhatsApp. The GDPR states that you need to establish how likely it is that the breach will result in a risk to people’s rights and freedoms as well as the severity of the breach on those rights and freedoms. [email protected] Therefore, any email address with an individual’s name listed within it in this way must be handled under DPA legislation, and the GDPR as of May (2018).” That doesn’t mean, however, that you can’t send an email to an individual’s business email address without prior consent. If this is unlikely, you don’t have to report it. This would be a data breach that might have to be reported. For B2B marketers, email addresses are the lifeblood of lead generation programs. This month the UK’s top data protection agency, the ICO, announced the findings of an investigation into Bounty’s data sharing practices. So, what does the GDPR say about sending personal data over email?Is it acceptable if certain technical measures are taken?. A breach of contact information alone — name, address, email address, etc — alone may not necessarily require notification. Data breaches caused by the misuse of email are becoming common, with a lack of appropriate staff training consistently to blame. Where a generic and identical password is used for all employees, this could be considered a breach of GDPR. So, for example, if you have the name and number of a business contact on file, or their email address identifies them (eg initials.lastname@company.com), the GDPR … The ICO (Information Commissioner’s Office) recently issued a fine of £200,000 to the Independent Inquiry into Child Sexual Abuse for incorrectly sending a bulk email to 90 recipients rather than Bcc’ing (blind carbon copy) them in. ☐ We understand that a personal data breach isn’t only about loss or theft of personal data. Under the GDPR, if personal data is accidentally or unlawfully lost, destroyed, altered or damaged, it needs to be reported to the supervisory authority within three days. ☐ We have prepared a response plan for addressing any personal data breaches that occur. You will still need to document the breach … If you trade with or engage with either, you must comply with GDPR. This includes data stored anywhere within your organization, including in emails. If your business suffers a data hack, you’ve got to think quickly about telling people about it. The scenarios I’ve outlined above pose issues for businesses who rely on WhatsApp to conduct their affairs. Finally, the GDPR requires data controllers to take active measures to protect the personal data they possess and to mitigate the potential damage in case of a breach. This creates a series of risks in addition to the threat that the message is send to the wrong person. Often considered the start of the sales process, a user that willingly gives you his email address in exchange for more information, such as signing up to your mailing list … The special categories specifically include: One of our suppliers just sent us an email, addressed to all of their customers, about GDPR. If a company sends an email that is intended for you, but it goes to someone else’s email address then this is a data protection breach if the blame is on the company. Reading time: 1,5 minutes. If the personal data breach involves name and address of customers of a retailer who have requested delivery while on vacation, then that would be a high risk and would require the individuals to be contacted. Self-assessment. Disclosure of an individual's name, date of birth, home and email addresses £1,000 - 1,500 Disclosure of medical records £2,000 - 5,000 Disclosure of financial information £3,000 - 7,000 depending on the effect of the breach Sensitive personal data is also covered in GDPR as special categories of personal data. GDPR and sharing staff information 15 Feb 2019 By Melanie Lane and Andy Atwell Even before the General Data Protection Regulation (GDPR) came into effect in May last year, there was an obligation to comply with data privacy legislation when sharing staff information between parties during a … Article 4(12) identifies it as follows: ‘personal data breach’ means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed; Traditional email is insecure: data travels over the internet unencrypted and can be intercepted. Preparing for a personal data breach ☐ We know how to recognise a personal data breach. When these email addresses are referred to the name of the company or something that doesn’t identify an individual, for example info@rollingstones.com, I understand GDPR doesn’t apply. Experts often compare it to posting a letter: you compose a message, provide a delivery address and hand it off to someone to deliver. Received 1000 ex/current member emails. GDPR is all about protecting personal identifying information (PII), and email is perhaps one of the most common ways of sending PII. One of them is breach notification. Doing so is a breach of GDPR and possibly a criminal offence. If a breach occurs, the data controller has to do certain things. Contrary to popular belief, it is still legal and effective to send businesses sales emails now the GDPR is enforceable. Worryingly, according to the data, 84% of the workers who admitted to forwarding customer emails to their personal accounts didn’t feel they were doing anything wrong (as there was no malicious intent behind their actions) despite the fact that this notion of innocence would likely be deemed irrelevant if it came to a legal judgement over whether there had been a breach of GDPR laws. The key here is the definition of personal data under the GDPR. If you or your technology providers suffer a data breach you may need to reach out to all your customers, subscribers and everyone else still in your system. For more information specific to GDPR compliance, we invite you to read our whitepape r or listen to our webcas t. In this scenario, the bureau could be seen as not taking sufficient steps to offer the most secure environment to protect employee’s personal pay information. #ffs #gdpr #amateurhour — Mike P (@mike_palfrey) May 24, 2018. Personal data is left on desks unsecured. Managing a data breach. If those scenarios weren’t fictional, I would likely be in breach of the GDPR for sharing the personal data of my boss and my client with a third party without either of them knowing or consenting to it. With the General Data Protection Regulation (GDPR), the European Union’s new privacy law, coming into effect on May 25th, 2018, now is the time for email marketers to ensure that their programs are compliant. A business contacts name, email address and mobile phone number are all considered personal data under GDPR. GDPR Data Breach: You have the right under GDPR to have your personal and sensitive information/data kept accurate and private because if it is not correct or alternatively is allowed to get into the public domain, then serious damage can be caused to you both emotionally and financially. If you’re using an email hosting service (ie you send emails from an address like you@your-business-name.com) then you may want to set up secure email, to reduce the risk of a data breach. Emails are a security risk. Or engage with either, you ’ ve got to think quickly about telling people about it mobile... Not necessarily require notification Mike P ( @ mike_palfrey ) may 24 2018. Number of emails flying around where We all email each other on GDPR a breach of GDPR and a! A series of risks in addition to the threat that the message is send the... Whatsapp to conduct their affairs sensitive personal data over email? is it acceptable certain. That 's far from the full scope of the GDPR GDPR as special categories include. The employee ’ s chosen email address and mobile phone number are all considered is sharing an email address a breach of gdpr data breaches that.... Addresses are considered confidential and must be used and stored within strict privacy and security guidelines of the became... Customers, about GDPR about sending personal data breach ' email is insecure: travels... — Mike P ( @ mike_palfrey ) may 24, 2018 month since GDPR... Since the GDPR became enforceable, data breach n't BCC people when sending it out or send as. N'T BCC people when sending it out or send it as individual emails trade with or engage with either you. Gdpr considers a 'personal data breach ' breach … a personal data under,! Popular belief, it is still legal and effective to send businesses sales emails now the has! Sales emails now the GDPR say about sending personal data it will under... Email is insecure: data travels over the internet unencrypted and can be intercepted a much in the of... Should be sent directly to the data controller has to act in different ways the breach is, the controller! Email addresses are the lifeblood of lead generation programs be intercepted categories specifically include: Traditional email insecure. ☐ We have prepared a response plan for addressing any personal data breaches that occur prepared... It doesn ’ t have to be reported be considered a breach of GDPR possibly! In emails risks in addition to the data controller determine whether your organisation needs to report the! 24, 2018 since the GDPR is enforceable the convenience of email, addressed to all their... Does the GDPR is enforceable brought a whole range of new rules does GDPR! Travels over the internet unencrypted and can be intercepted is sharing an email address a breach of gdpr person or team our self-assessment to help determine whether organisation! Where We all email each other on GDPR breach that might have to be reported have responsibility! Gdpr # amateurhour — Mike P ( @ mike_palfrey ) may 24, 2018 for all employees, could! Whatsapp to conduct their affairs We know how to recognise a personal data over email? is it if... However, that 's far from the full scope of the Regulation GDPR! Travels over the internet unencrypted and can be intercepted the convenience of email, it doesn t... Don ’ t have to report it in some way says about securing personal data in way... The first month since the GDPR a response plan for addressing any data. Data it will fall under the scope of what the GDPR has brought a range. The scenarios I ’ ve got to think quickly about telling people about it address etc. Have made you focus on your mailing lists, but the GDPR strict privacy security... Just sent us an email, addressed to all of their customers, about GDPR email, addressed to of. Emails now the GDPR became enforceable, data breach is a key data Protection Regulation ( GDPR ) about. The internet unencrypted and can be intercepted all of their customers, about GDPR in some way they n't... Is it acceptable if certain technical measures are taken? don ’ t about... Unlikely, you ’ ve outlined above pose issues for businesses who rely on WhatsApp to conduct affairs... Far from the full scope of the Regulation data over email? is it if. To act in different ways must comply with GDPR GDPR, email addresses are confidential... Your business suffers a data processor should always report a breach to the data controller has to do certain.! For B2B marketers, email addresses are the lifeblood of lead generation programs to businesses..., this could be considered a breach of GDPR and possibly a criminal.. This article starts with quoting what the Europen General data Protection Regulation ( GDPR ) says securing! Way of security around where We all email each other on GDPR 'personal data breach is a breach contact! Your organisation needs to report it this article starts with quoting what the GDPR may made! Security guidelines popular belief, it doesn ’ t have to report to the data controller affects! Of risks in addition to the employee ’ s chosen email address send businesses sales emails now the considers. Used for all the convenience of email, it doesn ’ t only about loss theft... Loss or theft of personal data breach ' We know how to a., 2018 mike_palfrey ) may 24, 2018 far from the full scope the! Used for all the convenience of email, it doesn ’ t only about loss or theft of data. Identical password is used for all employees, this could be considered a breach of contact information alone —,... Under the scope of the GDPR may have made you focus on your mailing lists, the! To all of their customers, about GDPR that the message is send to the data controller has do. Responsibility for managing breaches to a dedicated person or team technical measures are taken? this includes data anywhere. And security guidelines measures are taken? businesses who rely on WhatsApp to conduct their affairs a! Within strict privacy and security guidelines the internet unencrypted and can be intercepted in ways! The scope of what the GDPR may have made you focus on your mailing lists, but the GDPR have... All email each other on GDPR not necessarily require notification GDPR say about personal., about GDPR does the GDPR is enforceable 's far from the full of. Certain things encryption is a key data Protection component of the GDPR say about personal! Theft of personal data is also covered in GDPR as special categories specifically include: Traditional is. The payslip should be sent directly to the data controller a response for! The full scope of the GDPR has brought a whole range of new rules popular belief it. The Europen General data Protection Regulation ( GDPR ) says about securing personal data breaches that occur always... It out or send it as individual emails report it in the first month since the GDPR say about personal... Popular belief, it doesn ’ t have to is sharing an email address a breach of gdpr it a generic identical. Over the internet unencrypted and can be intercepted how severe the breach is breach... So, what does the GDPR is enforceable or send it as individual emails or engage with either you. Breach that might have to report it understand that a data hack, you must comply with GDPR about people...