All posts by : janinepaterson

… but a long way to go.

You’re probably aware that there is a new Bill going through Parliament regarding changes to personal data in the UK. The catchy UK Data Protection and Digital Information (No2) Bill has just had its second reading in the House of Commons, so still has a long way to go.

Here are some highlights.

A new concept is being introduced ‘identifiable living individual’, which means that someone can only be considered ‘identifiable’ from the data if those who are handling the data have the means to actually identify them.

DPOs are set to go. Instead, a Senior Responsible Individual (SRI) who is accountable for data protection compliance will need to be appointed if you’re a public authority or carry out ‘high risk’ processing. This person will need to be part of your senior management team.

An interesting move is the concept of ‘recognised’ legitimate interests. This means that you won’t need to do a balancing test for certain things like national security or preventing crime. But for other things, unfortunately including direct marketing, the test is still required.

Good news for non-commercial organisations! They will be able to use the soft opt-in exemption for direct marketing, even for their charitable or political work. But the recipient still has to be able to say no easily.

They’re also changing the rules about cookies. There will be more categories where they don’t need to ask for permission, for example, website analytics.

Finally, fines under PECR will be increased to match the UK GDPR, which means the ICO could issue fines of up to around £17 million or 4% of a business’s global turnover.

PS. Don’t worry too much about this; a lot could change before the bill goes anywhere near the statute books. It appears to be good news for most businesses, but we will have to wait and see.

… I have not missed it!

I did something this week that I’ve not done for 1264 days give or take a few. I went on a train!

I was heading into the capital to run a training session for a client so I had to brave the railways.

I never really enjoyed going into the office, especially because of the crowded trains and the underground. I even started walking to the office near Oxford Street to avoid feeling like a sardine in a can!

Anyway, I found myself on a train to London, standing as usual – nothing’s changed.

As we arrived at King’s Cross, I was standing by the door. We came to a standstill and that beeping sound started indicating the doors could be opened.

Suddenly I realised everyone in the carriage was staring at me. After what felt like an eternity, the guy standing next to me pointed out that I had the open button right beside me!

I felt so embarrassed and muttered that I hadn’t been on a train for 3.5 years. I’d forgotten train “etiquette”!

But this can happen to all of us. If you don’t do something for a while, the “how” just fades away from your memory.

…especially with expert help

Are you frustrating your potential clients/customers?

One of the most common complaints I hear people say is that companies fail to tell their customers what they do with their data, and this really affects the trust they have in businesses.

It’s not difficult to tell people this information – a privacy policy on your website, written in simple terms is all you need.

Here are some key points to keep in mind:

Who’s using the data: You should be clear about who you are and how you can be contacted.

Why the data is being used: You should tell them why you need the data, i.e. to deal with their order.

What data is being used: Be clear about the types of data you are using, especially important if you use special category data like health information for example.

How long will it be kept: Explain how long you’ll keep the data, or if there isn’t a set timeframe, how you will decide how long to keep it.

Who will it be shared with: Will you share the data with 3^rd parties, and if so why? Will it be sent outside the UK?

Rights: Customers have the right, amongst others, to see, correct, delete, or limit the use of their personal data.

It is really just a case of being open and transparent about the use of somebody else’s personal data, which makes you more trustworthy and therefore someone to do business with.

Just another hurdle for NI publicans

I told you about my dream of running a pub many moons ago.

it can be tough to balance that with raising a family, and even now with my kids grown up, there are still challenges. And with the pandemic and rising living costs, it’s only getting harder.

And to make matters worse, if you are in Northern Ireland, a law has come into force that makes things even more difficult for pub owners.

It is now illegal to offer loyalty points on alcohol or allow those points to be used to buy alcohol It’s supposed to address alcohol-related issues, but it’s affecting small pubs and restaurants that rely on local support to stay afloat.

This doesn’t just affect supermarkets, but also pubs and restaurants, which is bad news for many pubs, especially those that are run by families in small villages.

Loyalty schemes were introduced to give back to the customers who support their local pub. They were never meant to encourage excessive drinking but rather to create a sense of community.

Unfortunately, the law has unintended consequences that the government didn’t see or appreciate.

And this is also true when it comes to all the rules governing your marketing and advertising. These can apply in different ways depending on who you are and what you do.

So if you need any common sense legal help with this, you know whom to ask. ?

Well, I’m off for a well-deserved glass of red. ?

I love dogs but…

I was chatting with a friend the other day and we got onto the topic of education in schools.

There’s been criticism for years that schools aren’t doing enough to prepare young people for the working world.

Even though governments have promised to make changes, it still seems like we’re a long way off.

My friend and I felt schools should teach students some of the skills they’ll need when they go out to work or head off to university.

I know the curriculum is packed already, and many of the subjects are needed, but lessons that show how to manage money for example are also important. I

t was worrying to see how many of my daughters’ uni friends have no idea how to do this, and the trouble this has caused.

That’s why I made sure to teach my girls about budgeting from a young age – I helped them set up bank accounts and gave them pocket money in exchange for doing a few chores.

Before they headed off to uni we set them up budgeting software to make it easier for them to manage their money.

This way, they could keep track of what they were spending and make sure they had enough cash for the important things.

I do think schools should take on some of the responsibility for teaching non-academic subjects like budgeting, although I know there’s an argument that this should be left up to parents.

Perhaps it’s a job for both.

(I titled this “Kennel maid” – this was what, at the age of 14, the careers advisor at school told me I should be! This sums up my school experience ?)

…and what a lovely classroom!

A recent walk through the beautiful countryside where I live made me think of all the decisions we make every day.

My walks are usually peaceful and calming, but they are never dull, as I get to watch the wildlife going about their daily routines.

On this occasion, my husband and I spotted a trio of pheasants – two boys and a girl. It seemed that love was in the air, but the girl was having none of it! She quickly put the boys in their place before flying off, showing some serious girl power.

One of the boys followed suit, but the other one ran across the road like a bird-brained Road Runner (showing my age here ?). It was a lucky escape – there were no cars around, but it made me think about how making the right decision is important.

But, whether at home or in the office, making the right decisions can be challenging.

We can often rely on the support of friends and family who have the benefit of experience when it comes to decisions in our daily lives.

However, when it comes to work we need a different type of help to ensure we make the right decisions to move our businesses forward.

That’s where expert advice comes in, especially when it comes to your marketing and advertising activities. Ensuring that your business is legally compliant can save you a lot of trouble down the road.

So if you need help in this area, don’t hesitate to seek expert advice. You know where I am! ?

In the meantime, I’ll be enjoying my daily walks in the countryside, watching the wildlife. Who knows what lessons nature will teach me next?

PS. On our walk around the block the following day, we came across evidence that a pheasant hadn’t made the right decision.

It’s unclear whether it was the same one we saw the day before or another, but what was clear –  it wouldn’t be making any more decisions, good or bad.

…but it’s very useful if done correctly

I was talking to a client the other day about profiling, you know, using information about your current customers and your ideal clients to tailor your marketing, as this makes them far more likely to be interested in your products and services.

However, there is some fear of profiling as cases in the news of companies getting it wrong have highlighted the consequences, both in terms of fines and damage to your brand’s good name!

The good news is that you can do this to get the best out of your marketing, but you need to play by the rules.

Let’s have a look at some of them:

• Tell people you want to use their data for profiling and set it out simply and clearly.
   
• Be clear about what legal basis you’re using for this. Are you going to ask them for consent, so actively seeking their agreement, or are you relying on your legitimate business interests? Whichever one you decide on, explain what this means and tell them how they can change their minds later on.
   
• Be careful about assumptions in your profiling. Most profiling is good for you and your customers, but there is a risk of harm to people if you make assumptions based on what you find out, for example, you could deny them access to your products.

So, profiling can help you understand your customers and prospects and grow your business, but only if done responsibly. Remember, always have your customers in mind – is this in their interests as well as yours?

Yours,

Janine

PS. Profiling can sometimes feel creepy, like someone’s spying on you, and it’s got a bad rep for that reason. But you needn’t worry, as done the right way, profiling can be pretty helpful to find those people who want what you sell.

Gone, but not forgotten

If you’ve been reading my emails (and I hope you have) you will know that I have shared some of my life with Archie, our golden retriever.

He has been a joy to have in our lives, giving us the motivation to get out in the fresh air and making us laugh with his antics.

You will also know he had epilepsy, which we were trying to control with medication.

Unfortunately, after 2 fits and then catching kennel cough, Archie died on the 13^th March. The toll the fits were having on his body, especially his heart, meant that did not have the strength to deal with the stress and anxiety caused by the kennel cough.

He was only 8 and a half, and although we knew this condition would shorten his life, we had hoped to have him for a few more years.

We are working through our grief, as he has left one hell of a hole in our lives.

If you have a dog, cat or any other pet, give them a cuddle tonight and treasure every moment you have with them.

RIP Archie.

Not sure what message this sends out!

Let me tell you a little story: there was this catalogue retailer called Easylife, and they made a pretty big mistake with their marketing.

They tried to guess their customers’ health conditions based on what they’d bought in the past and then tried to sell them related products. This a classic example of profiling gone wrong.

A lot of marketers get nervous about profiling because it can seem like an invasion of privacy, especially if it’s done in a sneaky or underhanded way.

But the thing is, profiling can actually be really helpful for sending people marketing messages that are actually relevant to them.

So the ICO fined Easylife £1.35 million in October last year, and now they’re on the regulator’s radar for the future, which is not a great place to be.

But, this is where it gets a little concerning for me. Easylife stopped this processing and appealed to the first Tier Tribunal about the size of the fine.

And after representations from Easylife, which have not been disclosed, an agreement has been reached which sees the ICO reduce the fine to £250,000!

The Information Commissioner, John Edwards said:

“As a pragmatic and proportionate regulator, my role is to ensure that we protect the public and ensure businesses abide by the law.

“Easylife has confirmed that it has stopped the unlawful processing which formed the basis of the ICO’s concerns. Having considered the amount of the penalty again during the course of the litigation, in light of the issues raised by Easylife, I considered that a reduction was appropriate.”

Now, this is not the first time that an enormous fine originally imposed on companies for breaches of data protection has been slashed.

Both British Airways and Marriott International Hotels were fined in 2020 after hackers breached their systems.

The original fines the ICO announced were £183.4m for BA and £99m for Marriott.

But when the monetary penalty notices were eventually imposed, these had been reduced to £20m and £18.4m. A discount of nearly 92% and 94% respectively.

These are still the 2 highest fines that have been imposed, but the message seems to be if you say you’re sorry, stop the processing complained about and say you’ll never do it again, the ICO will reduce your fine substantially.

I really want to know what all these companies said to the ICO to achieve such great results.

…sometimes not as useful as claimed!

I revealed before that one of my “guilty pleasures” was watching Doctors, a tv drama on BBC1.

I recently watched an episode where they were carrying out peer reviews of the GPs. The doctors were paired up and it was interesting to see how they observed each other and provided feedback on how they conducted consultations with the patients.

However, what became apparent, which I had already guessed might happen, is that the partners at the practice failed to take into account that being critiqued on the way you work, especially by someone you know, is dangerous territory, as it can lead to people taking that feedback not in the way it is given!

In the episode, the relationships between the GPs deteriorated until some were not even talking to each other! I don’t think that was the desired outcome!

This is something that applies not just to doctors, but to all businesses. We all have our own views on what we think about our role and the way we do things, that having any shortcomings pointed out can cause anger and upset.

And, even if there are new and innovative ways of doing things, we’re unlikely to take these seriously.

It’s essential to review how things are done within your business and processes, to make sure that they are working to their best and compliant. But you do need to consider the best way to do this.

Having someone independent will in most cases achieve much more than looking at it internally.