NOTE: The following is only the perspective of author without representation or endorsement by any organization. Always consult your legal counsel, data privacy officer, and your GDPR experts for advice. The following content is voluntarily provided. The following content is voluntarily provided and was created after taking GDPR classes and not from any entity.
The General Data Protection Regulation (GDPR), for effective May 25, 2018, requires meeting, event, and conference planners to be prepared to get active, opt-in consent to collect data.
Three articles will be released in the next month:
- Opt-in consents to add to your registration forms for collecting speaker, facilitator, attendee data (for face-to-face, hybrid, and virtual meetings)
- Updated contract language (hotel, speakers, plus other suppliers), and the kinds of contracts you may need (and be sure to check with your legal counsel)
- What you must do to be compliant if a request is made to change or delete data
Article #1 – Opt-In Consent for Attendee Management
Adding active Opt-In Consents for your speakers, facilitators, participants regardless if they attend a meeting, event, or conference in an in-person, hybrid, or remote (virtual/digital).
For the meeting requester, and this can be done in your meeting technology or can be confirmed manually through encrypted email if you do not use a technology system:
[checkbox] I understand and agree that a meeting planner will have my contact details for the purpose of planning meetings, events, or conferences
[checkbox] I understand and agree that I may be contacted for a post-meeting customer satisfaction survey
Provide a link to the Data Privacy Policy and a link where Meeting Requesters can change or withdraw contact details (which will be covered in Article #3)
For the meeting attendee, and this can be done in your meeting technology or can be confirmed manually through encrypted email if you do not use a technology system:
For the Meeting Attendees, Speakers, Facilitators, and this can be done in your meeting technology or can be confirmed manually through encrypted email if you do not use a technology system:
[checkbox] I understand and agree that a meeting planner will have my contact details for the purpose of planning meetings (such hotels accommodations, transportation, activities, etc.)
Please note that if this box is not checked, then we are unable to secure your logistics for attendance at the meeting.
[checkbox] I understand and agree that a meeting planner will ask about dietary preferences and any special requirements that may be needed to plan a meeting.
[checkbox] I understand and agree that I may be contacted for a pre-meeting and/or post-meeting survey
Provide a link to the Data Privacy Policy and a link where Participants, Speakers, and Facilitators can change or withdraw contact details (which will be covered in Article #3)
For the Virtual Meeting Attendee who may be remote and logging into a meeting:
[checkbox] I understand and agree that a meeting planner will have my contact details for the purpose of registering me to attend a virtual or hybrid meeting (live or on-demand).
[checkbox] I understand and agree that I may be contacted for a pre-meeting and/or post-meeting survey
Provide a link to the Data Privacy Policy and a link where Virtual Meeting Attendees can change or withdraw contact details (which will be covered in Article #3)
WHO is affected? Data Subjects may be our speakers, facilitators, participants, or anyone whose data we collect (name, email, other data)
Does this include everyone around the world? Because the language is confusing and the intent is very broad, many organizations are choosing to use the guidelines for their entire organization, regardless of where it is located.
For certain, Data Subjects that are included are EU citizens. However, the GDPR is extraterritoriality meaning that the GDPR regulations will apply to “processing of personal data of data subjects who are in the Union” (Article 3; 2) and “the Regulation applies to the processing of personal data in the context of the activities of an establishment of a controller or a processor in the Union, regardless of whether the processing takes place in the Union or not.” (Article 3:1) This means that an if an organization is “established” in the EU and if they process any personal data of a data subject, regardless of where they are, they must comply with the requirements of the GDPR.
Under GDPR organizations in breach of GDPR can be fined up to 4% of annual global turnover or €20 Million (whichever is greater). This is the maximum fine that can be imposed for the most serious infringements e.g.not having sufficient customer consent to process data or violating the core of Privacy by Design concepts.
Feel free to join the Community at GDPR4Meetings.com and see following resources.
Debi Scholar
Resources:
www.gdpr4meetings.com -Opportunity to communicate with each other
https://cybercounsel.co.uk/data-subjects/
https://www.eugdpr.org/the-regulation.html
https://www.eugdpr.org/glossary-of-terms.html
Data Subject Rights
Breach Notification
Under the GDPR, breach notification will become mandatory in all member states where a data breach is likely to “result in a risk for the rights and freedoms of individuals”. This must be done within 72 hours of first having become aware of the breach. Data processors will also be required to notify their customers, the controllers, “without undue delay” after first becoming aware of a data breach.
Right to Access
Part of the expanded rights of data subjects outlined by the GDPR is the right for data subjects to obtain from the data controller confirmation as to whether or not personal data concerning them is being processed, where and for what purpose. Further, the controller shall provide a copy of the personal data, free of charge, in an electronic format. This change is a dramatic shift to data transparency and empowerment of data subjects.
Right to be Forgotten
Also known as Data Erasure, the right to be forgotten entitles the data subject to have the data controller erase his/her personal data, cease further dissemination of the data, and potentially have third parties halt processing of the data. The conditions for erasure, as outlined in article 17, include the data no longer being relevant to original purposes for processing, or a data subjects withdrawing consent. It should also be noted that this right requires controllers to compare the subjects' rights to "the public interest in the availability of the data" when considering such requests.
Data Portability
GDPR introduces data portability - the right for a data subject to receive the personal data concerning them, which they have previously provided in a 'commonly use and machine readable format' and have the right to transmit that data to another controller.
Privacy by Design
Privacy by design as a concept has existed for years now, but it is only just becoming part of a legal requirement with the GDPR. At it’s core, privacy by design calls for the inclusion of data protection from the onset of the designing of systems, rather than an addition. More specifically - 'The controller shall..implement appropriate technical and organisational measures..in an effective way.. in order to meet the requirements of this Regulation and protect the rights of data subjects'. Article 23 calls for controllers to hold and process only the data absolutely necessary for the completion of its duties (data minimisation), as well as limiting the access to personal data to those needing to act out the processing.
A Glossary of Terms and Definitions as used in relation to the GDPR.
Binding Corporate Rules (BCRs)- a set of binding rules put in place to allow multinational companies and organisations to transfer personal data that they control from the EU to their affiliates outside the EU (but within the organisation)
Biometric Data - any personal data relating to the physical, physiological, or behavioral characteristics of an individual which allows their unique identification
Consent- freely given, specific, informed and explicit consent by statement or action signifying agreement to the processing of their personal data
Data Concerning Health - any personal data related to the physical or mental health of an individual or the provision of health services to them
Data Controller - the entity that determines the purposes, conditions and means of the processing of personal data
Data Erasure - also known as the Right to be Forgotten, it entitles the data subject to have the data controller erase his/her personal data, cease further dissemination of the data, and potentially have third parties cease processing of the data
Data Portability - the requirement for controllers to provide the data subject with a copy of his or her data in a format that allows for easy use with another controller (more info here)
Data Processor - the entity that processes data on behalf of the Data Controller
Data Protection Authority - national authorities tasked with the protection of data and privacy as well as monitoring and enforcement of the data protection regulations within the Union
Data Protection Officer - an expert on data privacy who works independently to ensure that an entity is adhering to the policies and procedures set forth in the GDPR (more info here)
Data Subject - a natural person whose personal data is processed by a controller or processor
Delegated Acts - non-legislative acts enacted in order to supplement existing legislation and provide criteria or clarity
Derogation - an exemption from a law
Directive - a legislative act that sets out a goal that all EU countries must achieve through their own national laws
Encrypted Data - personal data that is protected through technological measures to ensure that the data is only accessible/readable by those with specified access
Enterprise - any entity engaged in economic activity, regardless of legal form, including persons, partnerships, associations, etc.
Filing System - any specific set of personal data that is accessible according to specific criteria, or able to be queried
Genetic Data - data concerning the characteristics of an individual which are inherited or acquired which give unique information about the health or physiology of the individual
Group of Undertakings - a controlling undertaking and its controlled undertakings
Main Establishment - the place within the Union that the main decisions surrounding data processing are made; with regard to the processor
Personal Data - any information related to a natural person or ‘Data Subject’, that can be used to directly or indirectly identify the person
Personal Data Breach - a breach of security leading to the accidental or unlawful access to, destruction, misuse, etc. of personal data
Privacy by Design - a principle that calls for the inclusion of data protection from the onset of the designing of systems, rather than an addition
Privacy Impact Assessment - a tool used to identify and reduce the privacy risks of entities by analyzing the personal data that are processed and the policies in place to protect the data