What does GDPR mean for your business?



Reading time: 4 Minutes

What does GDPR mean?

As of the 25th of May 2018, data protection laws are changing to EU GDPR and there are a number of changes that the team at James Laurence have made that some landlords and property owners may not be aware they have to make too.

The new regulation will focus more on documentation and procedures, reshaping how organisations approach data privacy and look after client’s information. Many organisations would be forgiven for thinking that this means that GDPR will solely focus on data from customers, but they will need to demonstrate accountability; how they store all their data, whether it is from suppliers, employees or tenants.

 

What does GDPR entail and what will you need to be aware of?

The official EU GDPR website cites the main aim of GDPR is ‘to protect all EU citizens from privacy and data breaches in an increasingly data-driven world that is vastly different from the time in which the 1995 directive was established.’ Although the key principles of data privacy still hold true to the previous directive, many changes have been proposed to bring legislation up-to-date with technological advancements. Here are the top changes to be aware of:

  • Increased Territorial Scope (extra-territorial applicability)

This will apply to the processing of personal data by controllers and processors in the EU, regardless of whether the processing takes place in the EU or not

  • Penalties

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. There will be a tiered approach to fines

  • Consent

Companies can no longer use long illegible terms and conditions full of legalese, as the request for consent must be given in an intelligible and easily accessible form. In addition, it must also be easier for people to withdraw consent

  • Breach Notification

Breach notifications will now 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

  • Right to Access

Part of the expanded rights of data subjects outlined by the GDPR is the right for data subjects to obtain confirmation as to whether or not personal data concerning them is being processed and for what purpose

  • 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

  • Data Protection Officers

DPO appointment will be mandatory, only for those controllers and processors whose core activities consist of processing operations which require regular and systematic monitoring of data subjects on a large scale or of special categories of data or data relating to criminal convictions and offences.

So, to answer the earlier question, GDPR means a lot, especially as the fines for failing to comply are so great, even for smaller businesses. EU GDPR does make allowances for smaller businesses, but it still imposes hefty fines for those that don’t make changes. Article 30 outlines that DPOs are only a requirement for businesses with over 250 employees, but businesses with under 250 employees still have to make everyone aware of breaches in data security, allow individuals to exercise their right to be forgotten and enquire as to how their data is being used, so make sure you have processes in place to make this job as easy as possible.

 

What does GDPR mean for landlords and property owners?

Estate Agent Today recently reported on how GDPR would affect the property sector. They called on the expertise of Adam Rose, a partner in the Mishcon de Reya law firm, who outlined the below changes that may prove useful:

  • Firstly, Rose says the definition of ‘personal data’ not only covers names, addresses and telephone numbers, but also IP addresses and other online identifiers. “So if you provide free WIFI in your building, and collect the IP addresses of all users, this will be caught by the GDPR” he says.
  • Secondly, GDPR now applies to ‘data controllers’ and ‘data processors’. “So, if a property manager is given the contact details of every person working or living in a building, or has the record of every person’s entry and exit in the building, they will be caught by the GDPR.”
  • Thirdly, Rose writes that it is a common misconception that businesses always need consent to process personal data. “In fact”, he says, “they can rely on one of probably three other lawful bases for processing personal data. Most importantly, they might have a legitimate interest in processing the data, which is not outweighed by the individual’s data rights.”

The team at James Laurence are putting processes in place to ensure individuals can request access to their own data more easily. If you are a landlord or property owner, make sure you are doing the same and that all sensitive data is protected appropriately. Find all the details you need on the official EU GDPR website.

 

Similar Posts

The people we've helped
  • 5 star review  We recently switched from another letting agency to James Laurence, as we found their team so warm and friendly and loved the local aspect of the agency. The team have absolutely exceeded our expectations, making the changeover feel so seamless and finding new tenants for our apartment at really short notice. Lotti could not have been more wonderful to work with, going completely above and beyond to ensure our tenants could move in just before Christmas. We felt an immediate affinity with her and have so appreciated her attention to detail, quick thinking and creativity. She has made us feel so at ease, supported and like our property is in the safest of hands. Charlotte and Melissa have also been so helpful and lovely to deal with during the process. Having worked with several other agencies in Birmingham, I cannot recommend James Laurence highly enough. Look no further, they are the best!

    thumb Julia Collins Andreu
    12/28/2022
  • 5 star review  The team at James Laurence was very helpful when I tried to find an apartment in Birmingham. I was in contact with a different letting agency but things fell through and they couldn't help me. A colleague of mine recommended James Laurence Lettings so I emailed them immediately since I was was moving from Sweden and the move would take place in less than a week. The team at James Laurence responded within 5 minutes and managed to offer me a few different apartment-options. Things proceeded quickly and smoothly and just a few days later I had they keys to the apartment. James Laurence helped me every step of the way and went above and beyond to accommodate my requests. The only minor negative thing I can say is that the interntal communication could be improved a tiny bit. I received slightly different information depending on who I was speaking with at the time. When I said I received different information earlier the person I spoke to said she would talk to her colleagues and then get in contact with me later with the "correct" information which she did and the issue got solved very quick.

    thumb Elias
    10/15/2022
  • 5 star review  Our experience with James Laurence Estate Agents was absolutely fantastic! Melissa Wilson made the application and referencing process smooth and easy with excellent communication. Everyone we spoke with from the office was kind, helpful, and welcoming. To top it all off, the loft we moved into was even better than the pictures! We are thrilled with our new home and we would absolutely recommend James Laurence to anyone looking for a place to live!

    thumb Dominic James
    10/02/2022
  • 5 star review  I have been very impressed with James Laurence, who have recently sold my property. Having previously had a poor experience with Purple Bricks, I instructed James Laurence to help sell my property. I have worked with Henry throughout the whole process and have found him to be very professional and knowledgeable as well as being efficient. It can't be stressed enough how important this is to have an estate agent that responds quickly, negotiates well and truly understands the market (especially during uncertain times like recently with the cover pandemic). I have briefly worked with Caroline and some of the other team members who also seem to be very efficient and friendly. Thanks again to James Laurence who I would fully recommend to anyone looking to Buy/Sell in Birmingham.

    thumb David Jolly
    6/16/2022
  • 5 star review  I recently sold my property with James Laurence, and the overall experience was great. They demonstrated a good knowledge of the Birmingham property market when discussing sales strategy, marketing and pricing (more than I was expecting) towards the beginning of my experience with them. This showed when we achieved 2 asking price offers within the first couple days of showings. Once an offer was accepted, their support did not stop there, Caroline (Sales Progression) did a fantastic job at liaising between myself and the buyers side, helping to progress items and remove any potential blockers. I would fully recommend James Laurence to anyone looking to Buy/Sell in Birmingham.

    thumb Jack Darby
    5/20/2022