The GDPR came into force in May 2018 and the first fine was delivered in July 2018 for € 400,000. By May 2019, the first full year of enforcement, the collective DPAs had issued a total of 48 fines amounting to € 51,833,345. Some fines were obvious and did not require in-depth investigations, but for […]
One of the compliance issues of virtually every data protection law globally is PROVING you have consent to use personal data to help you conduct your business. Make no mistake, most businesses believe they have consent, but cannot definitively PROVE it. When we ask clients for proof of consent, they stutter and stammer and change […]
When implementing a privacy management programme based on the GDPR, it is helpful to know which recitals are connected to which articles. Here is a handy tool we discovered at – https://virgiliocervantes.co.uk/index.php/2018/10/25/gdpr-recital-mapping/ and re-formatted for ease of use.
The consumer privacy awakening has begun. Slowly but surely, individuals are realizing that what they thought was privacy, is not actually what the data protection and privacy laws are out to protect. They are beginning to see the complex “surveillance system” that profiles them on a constant basis and trades openly to “sell them more […]
Growing user concerns about privacy have set in motion a series of changes that will reshape the digital advertising industry for years to come. Working as a digital marketer can seem a lot more complicated these days, especially with the added uncertainty that many are feeling due to COVID-19. But some marketers have managed to […]
Executive Summary In November 2020, over 9.3 million Californians voted to approve the California Privacy Rights Act (CPRA) of 2020 with the passage of Proposition 24. The CPRA is the strongest consumer privacy law ever enacted in the United States, and achieves broad general parity with the most comprehensive laws in other jurisdictions including Europe (GDPR), Japan, Israel, New Zealand, Canada, etc. […]
The Office of the Privacy Commissioner published these guidelines for collecting meaningful consent and the new Bill C-11 is proposing strong enforcement of meaningful consent for using personal data of any kind – even de-identified data. But as a marketer, how do we ensure that we are collecting, storing, using, sharing and deleting meaningful consent? […]
My initial impression of Bill C-11 was it is a series of 1/2 measures designed to “sort of” protect citizen’s personal information, while making it “manageable” for most businesses. This bill is our government’s attempt to please all – and in the process may please no one. Some say this means it is a well […]
Since the postponement on June 8th of the private right of action section of the CASL law, a number of clients have contacted me asking if they are now off the hook in terms of needing to be CASL compliant by July 1st. The simple answer is NO. The private of action is only one section […]
A “personal relationship” requires that the real identity of the individual who alleges a personal relationship is known by the other individual involved in such a relationship (as opposed to instances where a virtual identity or an alias is used). Using social media or sharing the same network does not necessarily reveal a personal relationship […]