Privacy

5 times the misery due to misuse of personal data

Mishandling personal data can cost you dearly. Since the GDPR, strict rules apply to anyone who processes personal data — even offline. Five common mistakes lead to complaints, data breaches, and fines. 1. No valid...

Published on October 8, 2020 by MKBjuristen.nl
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Mishandling personal data can cost you dearly. Since the GDPR, strict rules apply to anyone who processes personal data — even offline. Five common mistakes lead to complaints, data breaches, and fines.

1. No valid basis

Processing personal data without a legal basis (Article 6 GDPR) is not permitted. Emailing customers for marketing without consent, or using data for a purpose other than that for which you obtained it, constitutes an immediate violation.

2. Insufficient security

Poorly secured data leads to data breaches. An unsecured file, a stolen laptop, or excessive access within the company can expose personal data, resulting in a reporting obligation and potential fines.

3. Storing for too long or too much

The GDPR requires data minimization and retention periods: collect no more than necessary and retain no longer than necessary. A customer database that is stored indefinitely or fields that you never use pose a risk.

4. No privacy statement or information

You must inform data subjects about what you do with their data. If a clear privacy statement is missing, you fail to comply with the duty to inform and your position is weak in the event of a complaint.

5. Sharing or reselling data without justification

Sharing or reselling personal data to third parties without a legal basis and without a data processing agreement is a common, risky mistake. Even offline—a notepad with names and numbers—falls under the GDPR.

Frequently Asked Questions

Does the GDPR also apply offline?

Yes. A paper file or notebook containing personal data also falls under the GDPR.

What is the most common mistake?

Processing without a legal basis and insufficient security. Both quickly lead to complaints or data breaches.

What am I risking?

Complaints to the Dutch Data Protection Authority, data breaches, and hefty fines, in addition to reputational damage.

Is your data processing in order?

Our legal experts conduct a privacy scan and draft your privacy statement . View our privacyteam or schedule a free consultation.

Please note: an article provides general information, but your legal situation may turn out differently.

A contract, conflict, or legal risk must always be assessed based on the facts, documents, evidentiary position, and interests. Are you in doubt? Have your situation assessed before you act.

Legal question regarding this article?

A blog provides explanation, but your situation often requires a concrete legal choice. MKB Juristen helps entrepreneurs with contracts, terms and conditions, GDPR documents, employment documents, disputes, and customized legal solutions.

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SME Lawyers at the Chamber of Commerce Source: Chamber of Commerce 2019
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