Hi wondered if you could assist us with how we are to comply with GDPR
I’ve moved your post to the existing thread for this. All the information you require should be above in regards to QuickFile to help you determine how you would need to comply yourself.
If you have any questions about QuickFile’s side of things, please don’t hesitate to ask.
There’s no email function within QuickFile for your clients, but you could export your client list and use a tool such as MailChimp or similar.
All our policies are available through our community forum, and linked from our main website (https://www.quickfile.co.uk).
Because we are a Data Controller who uses a Data Processor (you guys) the GDPR states that we must have a Controller to Processor agreement in place with you.
The below is from the ICO website. It means that each of your customers as the Data Controller must ask you to sign a Data Processing agreement - that could mean that you have 1000’s of differently worded contracts to go through. I work for a payment gateway and we are a processor for many controllers to that end we’ve put together the Data Processing Agreement as a “self-serve” document that all our customers can sign and return to us. It’s their responsibility but we are making compliance easy for them. A sub-processor is different - if you are using Sub-processors to process our data we, as the Controllers, need to agree to that sub-processing so you would lay it all out in the agreement too.
So that was the type of contract that I was looking for. Do you think that’s something you might put together or have maybe already? See below extract from the ICO. - Many thanks.
Whenever a controller uses a processor it needs to have a written contract in place.
The contract is important so that both parties understand their responsibilities and liabilities.
The GDPR sets out what needs to be included in the contract.
Controllers are liable for their compliance with the GDPR and must only appoint processors who can provide ‘sufficient guarantees’ that the requirements of the GDPR will be met and the rights of data subjects protected.
Processors must only act on the documented instructions of a controller. They will however have some direct responsibilities under the GDPR and may be subject to fines or other sanctions if they don’t comply.
The checklist of what the agreement must legally contain can be found here.
There is no requirement (to my knowledge) for a privacy statement to be signed, as long as the customer provides consent in a clear affirmative act.
It’s not related to the Privacy Statement. It’s a completely different contract and unless I have the agreement in place with you I cannot be seen to be complying with GDPR. I’ll draw one up and maybe email it over? Below is what the regulation says. It really is a “thing” - complete overkill for a sole trader but nevertheless.
The GDPR requires that all data processing carried out by a data processor on behalf of a data controller is carried out under a written contract.
This Data Processing Agreement (UK/EEA) is designed for use in situations where a data controller in the UK collects and uses personal data (about its customers or staff, for example), and wishes to engage a data processor within the UK or EEA to hold and/or process that personal data on its behalf.
Data processing agreements are designed to carefully regulate the activities of data processors with respect to personal data, with a particular emphasis on their compliance with – in this case – the GDPR
"Consent should be given by 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 or her,
such as by a written statement, including by electronic means, or an oral statement. This could include ticking a box when visiting an internet website, choosing technical settings for information society services or another statement or conduct which clearly indicates in this context the data subject’s acceptance of the proposed processing of his or her personal data. Silence, pre-ticked boxes or inactivity should not therefore constitute consent. Consent should cover all processing activities carried out for the same purpose or purposes. When the processing has multiple purposes, consent should be given for all of them. If the data subject’s consent is to be given following a request by electronic means, the request must be clear, concise and not unnecessarily disruptive to the use of the service for which it is provided."
You are not obliged to send us a contract to comply with the above. We, as Data Contollers, engaging with a Data Processor (you) are obliged to present you with a contract to sign which lays down the rules as to how we agree that you will processs our customers data. For large organisations thats a nightmare. Who wants loads of different contracts to sign? So typically we are seeing self service Data Controller to Data Processor Agreements being issued by the Data Processor not the controller because its easy to manage this way.
Im not an expert here so I will contact the ICO on Tuesday for clarification. More than happy to admit that I’m wrong. Im still learning about this law but this is a great chance to atttract new business by being forward thinking wirh the GDPR in mind and anything that makes compliance easier from a Controllers point of view is a great selling point.
Have a lovely Bank Holiday weekend.
It’s no problem at all, and I think I know where you’re coming from now. By all means have a chat with the ICO, if this is a matter of compliance then we will certainly review our current position. I will discuss this with our own adviser to see where we stand.
Hi Glenn and Alison
Have you guys managed to get to the bottom of what is required?
How can we sign the DPA ( Data Processing Agreement)? It’s a required document (as Alison mention above), and we need to sign it if we want to work with QuickFile and store our customer data (in invoices for example)!
We did take professional advice on this subject and we believe our GDPR processes to be compliant. There is no requirement to physically sign a data processing agreement (see my response further up), it can be agreed by checkbox. You would then in turn have a data processing agreement with your clients where you would list all your sub-processors (i.e. QuickFile).