Tracking Compliance: Data Protection Risks and Remedies for Retail Janine Regan. charlesrussellspeechlys.com



Similar documents
Data Centres North Data Centre Security is the tail wagging the dog? May

Data Protection & Cyber Security Law Update 1 st October 2015

The Data Protection Landscape. Before and after GDPR: General Data Protection Regulation

Dental Buyer s Guide. Dental Buyer s Guide

Big Data for Mutuals. Marc Dautlich 25 November 2013

Direct Marketing Rules

Privacy and Electronic Communications Regulations. Direct marketing

Privacy and Electronic Communications Regulations. Direct marketing

EU Data Protection and Information Security for Banking & Financial Service sectors 4 th December 2014

HOW TO HANDLE A WHISTLEBLOWER REPORT IN THE EU

Running your business and trading.

FSA paper on conflicts of interest between asset managers and their customers

Cloud Computing Adoption in the Financial Services Industry

Security breach! A closer look from a data protection law perspective November 2014 Gabriel Voisin (Associate)

BIG DATA AND THE INTERNET OF THINGS

ROYAL MAIL GROUP ADDRESS MANAGEMENT UNIT PAF DIRECT END USER LICENCE

Financial Services Regulatory Group - U.K. Capabilities

Professional Indemnity Division. An Introduction

Big Data, Not Big Brother: Best Practices for Data Analytics Peter Leonard Gilbert + Tobin Lawyers

Mobilebits Inc. Privacy Policy

Claims Management Regulation. Marketing and Advertising Guidance Note

Use or Transfer of Personal Data for Direct Marketing

Data Subscription Service. Data descriptions Order form Licence agreement

Privacy and Electronic Communications Regulations

Hong Kong IPO Sponsor Reforms.

Terms of Business Agreement for Brokers working with Coface branch in the United Kingdom

Contracts, Consumer Rights and Trading Online

FISHER & PAYKEL PRIVACY POLICY

Data protection issues on an EU outsourcing

Key Rules for General Insurance Brokers

Getting the most from customer data a key asset for franchising growth

China's New Company Registration Regime.

TRAINING PROGRAMME COURSES - APRIL TO JUNE 2015

E-commerce and the law Anna Soilleux and Katherine Teasdale May 2014

Multi-Jurisdictional Study: Cloud Computing Legal Requirements. Julien Debussche Associate January 2015

Pearson Vocational Centre Detail Change Request Form (United Kingdom and the Republic of Ireland)

EU Competition Law. Article 101 and Article 102. January Contents

Summary of feedback on Big data and data protection and ICO response

PCL2\ \1 CYBER RISKS: RISK MANAGEMENT STRATEGIES

Financial Services and Markets

Privacy Policy for PDV Limited

Environment, Health And Safety. Ensuring Your Company s European Operations are Compliant with New EU Regulations and Enforcement Measures

Credit cards explained

MRS Policy Unit. Submission to Which? task force on consent and lead generation in the direct marketing industry

Client Alert. Global Information Technology & Communications Privacy, Data Protection and Information Management

Jeunesse European Generic Website Terms and Conditions of Supply

Peter Montanaro, Head, Delegated Authorities

Cloud Computing: Legal Risks and Best Practices

MRS Guidelines for Online Research. January 2012

Guide to buying professional indemnity insurance

TERMS OF USE 1 DEFINITIONS

"Direct marketing" is not limited to advertising goods or services for sale. It also includes promoting an organisation s aims and ideals.

Broker Agreement. Between: (referred to as Empire Life ) AND. (referred to as Broker ) Street Address: City or Town: Province: Postal Code:

APPLICATION FORM. 1. Please read the brochure and the whole of this application form, which has 10 pages.

For buying the things that matter. Q Card Merchant. Terms and Conditions. Effective from 1 May 2014.

Website Disclaimer Disclaimer 1

Exceptional protection for Holiday Parks and privately owned Holiday Homes

The term Broadway Pet Stores refers we to the owner of the website whose registered office is 6-8 Muswell Hill Broadway, London, N10 3RT.

INSURANCE BROKERS CODE OF PRACTICE

How To Write A Proposal Form For Insurance (Uk) Ltd

Mr and Mrs Sample and future owners or occupants of the Property and Your/their mortgage lender(s).

A guide to investing. Appendix 10 Choice of business entity

Skills Route Limited. Terms and Conditions of Use

On the edge Lexis PSL Restructuring & Insolvency

Lombard Visa Card Account Conditions of Use

BIG DATA. WHAT S YOUR STRATEGY?

Briefing Note UAE Corporate Governance Regime

What's Up with Apps in Hong Kong July 2013

SUBJECT ACCESS REQUEST PROCEDURE

QBE Trade Credit Trade Credit Insurance proposal form

Mr and Mrs Sample and future owners or occupants of the Property and Your/their mortgage lender(s).

General Condition 23 on Sales and Marketing of Mobile Telephony Services

Cyber Security : preventing and mitigating incidents. Alexander Brown Robert Allen

Employment Practices Liability Insurance Proposal Form

New FSA rules on disclosure of interests in UK companies

We may collect the following types of information during your visit on our Site:

MiFID II: The New Investor Protection Regime

Associate Agent Agreement

Insurance Prudential Rules. ICR Intermediary Conduct. Non-Bank Financial Institutions Regulatory Authority

ASPEN AUSTRALIA BRANCH PRIVACY POLICY

Data Centres De-coding the issues

Data and Cyber Laws Up-date 9 July 2015

Putting Consumers First. Code of Practice The Professional Financial Claims Association. All rights reserved.

Terms and Conditions

LEAD INTRODUCERS AND COMPLIANCE

Terms & Conditions. For the Supply of Gas and Electricity to our Domestic Customers. A not for profit company1

UNILEVER PRIVACY PRINCIPLES UNILEVER PRIVACY POLICY

The U.K. Information Commissioner s Office Report on Big Data and Data Protection

Wealth Management. Instinctively global

ADVANCED CABLE COMMUNICATIONS WEBSITE PRIVACY POLICY COLLECTION AND USE OF INFORMATION FROM USERS

AASA Online Privacy Policy CRP.020

The EC3\Legal Guide to TUPE

Are CAATs keeping you awake at night?

How Facebook and Survey Monkey can be used for research. Carly Harrison Human Research Ethics Advisor

Focus Bank Mobile Deposit Agreement

TERMS AND CONDTIONS Action Web Design Limited

Privacy Policy. Federal Insurance Company, Singapore Branch Singapore Personal Data Protection Privacy Policy. 1. Introduction

SKoolAide Privacy Policy

Big Data for Law Firms DAMIAN BLACKBURN

SAS v World Programming: Court of Appeal considers copyright in software.

Transcription:

Tracking Compliance: Data Protection Risks and Remedies for Retail Janine Regan charlesrussellspeechlys.com

Janine Regan Associate +44 (0)20 7427 6798 janine.regan@crsblaw.com Janine has extensive experience advising on and managing global data protection compliance for multinationals in sectors such as financial services, pharmaceutical, technology, marketing and advertising, media and construction. She frequently advises on: notifications/approvals with relevant data protection authorities, drafting and negotiating data protection provisions in outsourcing and data sharing agreements, whistleblower hotlines, transborder data flows, privacy impact assessments, data breaches and subject access requests. She also provides tailored data protection training for clients. Recently, Janine has provided privacy advice on new technologies such as telemetry, wearable devices and big data. Janine is a regular presenter on our data protection webinars. She also often speaks at professional conferences including the Society of Corporate Compliance and Ethics, Tech UK, PDP, MBL, the Employment Lawyers Association and the Immigration Law Practitioners Association. Very knowledgeable and commercial She also contributes articles for Data IQ, the Society for Computers and Law, Bloomberg BNA and Privacy Laws & Business. Legal 500 2016 03 May 2016 2

Tracking Compliance: Data Protection Risks and Remedies for Retail Topics Wi-Fi location analytics Buying in data and direct marketing Facial recognition Privacy in mobile apps DP compliance as a marketing strategy 03 May 2016 3

Tracking Compliance: Data Protection Risks and Remedies for Retail Why does the industry need to take this seriously? Adverse publicity Cost of a data breach, including abnormal churn rates Illegally collected data = little value as a commodity Increased public awareness High priority for data protection regulators 03 May 2016 4

Wi-Fi location analytics

Wi-Fi location analytics What is Wi-Fi analytics? 03 May 2016 6

Wi-Fi location analytics What are the risks? Individuals do not understand or consent Where is the choice? Too much data is being collected Data is being held for too long 03 May 2016 7

Wi-Fi location analytics How should be address the risks? Privacy Impact Assessments Be clear and transparent Remove identifiable elements Define the bounds of collection Define a retention period Create a simple and effective means to control collection 03 May 2016 8

Facial recognition

Facial recognition Creepy or creative? Minority Report Personal Advertising in the Future https://www.youtube.com/watch?time_continue=28&v=7b XJ_obaiYQ 03 May 2016 10

Facial recognition Creepy or creative? Lack of awareness Lack of choice Lack of control Potential for serious misuse 03 May 2016 11

Privacy in mobile apps

Privacy in mobile apps Key messages The same data protection rules apply! Key priority for data protection regulators Global Privacy Enforcement Network research / investigation 85% of the apps surveyed failed to clearly explain how they were collecting, using and disclosing personal information More than half (59%) of the apps left users struggling to find basic privacy information Almost 1 in 3 apps appeared to request an excessive number of permissions to access additional personal information 43% of the apps failed to tailor privacy communications to the small screen, either by providing information in a too small print, or by hiding the information in lengthy privacy policies that required scrolling or clicking through multiple pages 03 May 2016 13

Privacy in mobile apps ICO Guidance Challenge of conveying privacy information via small screens Consumers expectation of convenience can make it undesirable to present lengthy privacy information or a large number of prompts, or both 03 May 2016 14

Buying in data and direct marketing

Buying in data and direct marketing Key changes Publication date: 24 March 2016 Indirect (third party) consent and bought-in marketing lists Obtaining freely given, specific and informed consent 03 May 2016 16

Buying in data and direct marketing Indirect (third party) consent and bought-in marketing lists What is indirect consent? List broker or other third party source claim that the customers have consented to receive marketing from other organisations Indirect consent will not be enough for texts, emails or automated calls where consent was general, e.g. marketing from selected third parties Consent does not last forever and this time factor is even more important with indirect consent General rule of thumb indirect consent six months but there may be situations where it may be reasonable a longer time period (e.g. consent to receive offers on seasonal products or annual renewable insurance services 03 May 2016 17

Buying in data and direct marketing Obtaining freely given, specific and informed consent Consent Directive 95/46/EC any freely given, specific and informed indication of his wishes by which the data subject signifies his agreement to personal data relating to him being processed Freely given The individual must have a genuine choice over whether or not to consent to marketing. Organisations should not coerce or unduly incentivise people to consent, or penalise anyone who refuses. Where consent is a condition of subscribing to a service, the organisation will have to demonstrate how this indicates that consent was freely given 03 May 2016 18

Buying in data and direct marketing The General Data Protection Regulation Consent should be a clear, affirmative act establishing a freely given, specific, informed and unambiguous indication of the data subject s agreement to the processing of personal data relating to him of her, such as a written statement, including by electronic means, or an oral statement Silence, pre-ticked boxes or inactivity should not therefore constitute consent 03 May 2016 19

Buying in data and direct marketing To enrich your existing database Janine Regan Janine.Regan@crsblaw.com Subscribes to Retailer s newsletters Postcode demographics + lifestyle information house type, family structure, age, household income, technology ownership, leisure activities, grocery spend, newspapers read, holiday types and frequency types of marketing campaigns most likely to respond to, stores most likely to visit, etc 03 May 2016 20

Buying in data and direct marketing To enrich your existing database Is it lawful? Would the customer be surprised if they knew how much you knew about them? Would it spook them out? Can you be any more transparent with your customers? Can you offer your customers a real choice as to whether or not they are profiled in this way? 03 May 2016 21

Buying in data and direct marketing Tips Ask data broker / supplier for examples of how they obtain consent Make sure the data broker / supplier warrants and represents that they have obtained freely given, specific and informed consent to sell the data to you Starting point unlimited liability / indemnity for data protection ICO s due diligence checklist (page 45 of direct marketing guidance note) 03 May 2016 22

DP compliance as a marketing strategy

DP compliance as a marketing strategy ICO Privacy Seals programme European Data Protection Seal in the GDPR Will act as a mitigating factor in the event of enforcement action under GDPR 03 May 2016 24

charlesrussellspeechlys.com Charles Russell Speechlys LLP is a limited liability partnership registered in England and Wales, registered number OC311850, and is authorised and regulated by the Solicitors Regulation Authority. Charles Russell Speechlys LLP is also licensed by the Qatar Financial Centre Authority in respect of its branch office in Doha. Any reference to a partner in relation to Charles Russell Speechlys LLP is to a member of Charles Russell Speechlys LLP or an employee with equivalent standing and qualifications. A list of members and of non-members who are described as partners, is available for inspection at the registered office, 5 Fleet Place, London. EC4M 7RD.