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Art Business Info: NEWS

​about art for artists

ICO's Draft Code of Practice for Direct Marketing

16/1/2020

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This is relevant to all artists and arts organisations that practice direct marketing i.e. any method of communication which is directed to particular individuals.

Even if you are not going to comment on the consultation, you probably need to be aware of the contents - particularly if you keep lists of people you contact via email or newsletters.

​The Information Commissioner in the UK proposes to introduce a Direct Marketing Code of Practice - as required by the Data Protection Act 2018. 
​
This month the Information Commissioner's Office (ICO) has
  • launched a public consultation on a draft direct marketing code of practice.
  • published the Direct Marketing Code of Practice - Draft for consultation

Quotes in this blog post come from the draft code of practice.
Picture

What is direct marketing?
​

Direct marketing includes the promotion of aims and ideals as well as advertising goods or services. Any method of communication which is directed to particular individuals could constitute direct marketing. Direct marketing purposes include all processing activities that lead up to, enable or support the sending of direct marketing.
page 3 of Direct  marketing code of practice - Draft code for consultation | ICO
All organisations (and individuals acting as sole traders) have an obligation to ensure their direct marketing activities comply with
  • the General Data Protection Regulation, Data Protection Act 2018 (GDPR) and
  • the Privacy and Electronic Communications Regulations 2003. (PESC) 


​Who needs to know what to do
​

Below I've identified the nature of individuals and organisations and activities which will be covered by the code of practice for direct marketing.

When the Code of Practice is introduced it will set the benchmark against which the behaviour of any artist or art organisation will be measured when involved with direct marketing. Cautions or fines could be the result if you flout it.
You will be caught by the direct marketing rules if you are using data with the intention to market, advertise, or promote products, services, aims or ideals.
I've adapted their examples as who "needs to know" for artists and art organisations below

EXAMPLES:
  • commercial businesses (eg art galleries and artists) marketing their products and services;
  • charities and third sector organisations (e.g. art societies) fundraising or promoting their aims and ideals;
  • (e.g. art societies) canvassing for votes;
  • public authorities (e.g. public art galleries) promoting their services or objectives; or
  • organisations (any artist or art organisation) involved in buying, selling, profiling or enriching personal data for direct marketing purposes.
Following the code along with other ICO guidance will help you to comply with the GDPR and PECR


Consultation: direct marketing-draft code of practice


Read More
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ICO's DRAFT Data Sharing: Code of Practice

28/7/2019

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This post is relevant to any artist or art organisation that is collecting and sharing any personal data relating to any individual in the UK - irrespective of whether artist or art organisation or art society is based in the UK.
The Information Commissioner' Office for the UK has produced
  • a new DRAFT CODE FOR CONSULTATION re. Data Sharing Code of Practice - Draft code for consultation
  • this is the covering explanation about the ICO consultation on the draft data sharing code of practice

You can also view a summary of the responses to initial consultation and some of the individual responses on our website.

The updated draft code is
  • now out for public consultation and
  • will remain open until Monday 9 September 2019.
This is a statutory code of practice made under section 121 of the Data Protection Act 2018. It is a practical guide for organisations about how to share personal data in compliance with data protection legislation.

It explains the law and provides good practice recommendations.
​Following it along with other ICO guidance will help you to:
* manage risks;
* meet high standards;
* clarify any misconceptions your organisation may have about data sharing; and
​* give you confidence to share data appropriately and correctly. 
​
Introduction to the Code (my bold and bullet points)
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Cover of the Consultation Document of a Data sharing code of practice - published by ICO 15 July 2019
What happens if we don’t comply with the code?

If you don’t comply with the guidance in this code, you may find it more difficult to demonstrate that your data sharing is fair, lawful and accountable and complies with the GDPR or the DPA.

If you process personal data in breach of this code and this results in a breach of the GDPR or the DPA, we can take action against you.

Tools at our disposal include assessment notices, warnings, reprimands, enforcement notices and penalty notices (administrative fines). For serious breaches of the data protection principles, we have the power to issue fines of up to €20 million or 4% of your annual worldwide turnover, whichever is higher.

There is no penalty if you fail to adopt good practice recommendations, as long as you find another way to comply with the law.

About this code (page 7) My red highlighting re, penalties which can be imposed
Below you can see the contents of the Code of Practice.
Picture
The transfer of databases or lists of individuals is a form of data sharing. This may include sharing by data brokers, marketing agencies, credit reference agencies, clubs and societies, and political parties. You are responsible for compliance with the law for the data you receive, and for data that is shared on your behalf. You must make appropriate enquiries and checks in respect of the data, including its source and any consent given. 

​Introduction to the Code
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HIGHLY RECOMMENDED:
If you want to be confident...
  • you are doing all the right things in terms of knowing what you should do and then how you share personal data - in letters, databases, lists etc - then read this document
  • your voice is heard, if you have any concerns, - respond to this document.

You can respond to the consultation via the online survey, or you can download the document and email datasharingcode@ico.org.uk.

The consultation closes on 09 September 2019;

NOTE: The Information Commissioner's Office is the UK’s independent authority set up to uphold information rights in the public interest, promoting openness by public bodies and data privacy for individuals.
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How well do you comply with data protection law?

31/10/2018

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The Information Commissioner's Office (ICO) in the UK has produced a new checklist about data protection law for small business owners and sole traders.

INFORMATION FOR SMALL BUSINESS OWNERS AND SMALL TRADERS

In the recent past, ICO has tended to share information about rules and guidelines on  data protection and privacy in such a way that it suggested a general lack of awareness by the ICO of the special needs of those who are small businesses or small traders - such as artists.  I suspect they received a lot of cries for help from this quarter when GDPR was implemented earlier this year - as all guidance at one point was constructed assuming organisations had people who did this for them!

The main problem for those who are running EVERY aspect of their business is to find out the answers to "what they don't know they don't know " i.e. it's difficult to know you should be doing something about some new aspect of law if you don't even know it exists!

Hence the checklist is a welcome way in which the ICO is becoming a bit more attuned to the needs of sole traders - and people like artists.

This is the link to How well do you comply with data protection law: an assessment for small business owners and sole traders

This is what ICO have to say about what happens when you use the checklist.
Use our checklist to improve your understanding of data protection and find out what you need to do to make sure you are keeping people’s personal data secure. Once you have completed the checklist a short report will be created suggesting some practical actions you can take and providing links to additional guidance you could read that will help you improve your data protection knowledge and compliance.
The checklist is part of the overall set of checklists which have been developed by ICO as part of the implementation of the General Data Protection Regulation which became operative in May 2o18.

Do let me know how you get on if you use it.
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More information on this website

On this website UK artists - and all those artists dealing with clients and art collectors in the European Union - can also read about:
  • General Data Protection Regulation​ for Artists and Art Organisations
  • Privacy and Electronic Communications Regulations - as part of e-Commerce for Artists
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NEW Page: Web Content for Artists

15/4/2018

2 Comments

 
I've created a new page about Web Content for Artists. It's particularly relevant to those artists who use their websites to market their various artistic activities e.g. making art and selling it. commissions and tuition.
Picture
Example of a hierarchy of website pages for a busy artist with different income streams
My credentials for creating this page are that I've probably inspected and reviewed information on over 10,000 art websites while blogging about art on my main art blog Making A Mark. I've often got the impression that artists managed to get their images online and write something brief about themselves and then rather ran out of steam - or were not too sure what to do next.

As you know this website is about the art business side of art. I've also noted that some artists have a number of different ways they interact with others - but lack the relevant business pages that really need to be present as well. 

So this page aims to provide a resource and get people thinking about how they can improve their website. It also maybe highlights some issues some artists have never thought about.

The new page Web Content for Artists covers and provides brief guides to and TIPS about:
  • essential pages
  • website menus and navigation
  • content for home pages
  • content for image galleries
  • content for news
  • content for "about the artist"
  • content for a contact page
  • Terms and Conditions Content
  • Privacy Page

The Privacy Page is especially relevant to all those artists who have dealings with anybody living in the European Union - given we are now just over a month away from the new General Data Protection Regulation coming into force (see Data Protection for Art and Artists).

The reason for emphasis on the Terms and Conditions pages is that I see far too many websites which neglect the fact that any business interaction with customers via the website involves explicit or implied contracts and all the relevant legislation and regulations relevant to such business. In particular, I see far too few which really get to grips with their terms and conditions of business.

This is intended to complement other pages in my Website for Artists sub-section of MARKETING which are (at present):
  • Website for Artists  (general advice)
  • Why websites matter
  • Options for websites
  • Web design for artists
  • Writing for the web

In the interests of updating and improving content, I'd be interested to have your FEEDBACK about the new page. You can either comment on this post or use the feedback form on my "contact" page
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2 Comments

What has PayPal done about GDPR?

28/3/2018

7 Comments

 
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An artist asked me a question about PayPal and GDPR this morning.
The nub of it is as follows...
  • she sells art through her website - and accepts PayPal for payments
  • she checked on her account and the past history (from way back) still includes past customers' names, addresses and email addresses. Plus their payment method may or may not have stored by PayPal.
It immediately struck me that this is a question that a lot of artists are going to be asking given the way PayPal is now entrenched as a form of payment for art being marketed and sold online.

​ What she wants to know is 
  1. what has PayPal done about GDPR?; 
  2. whose responsibility is it to keep this personal data safe?
  3. how should she tell customers about whether or not they are compliant if she doesn't know!)?  
  4. who is responsible re. data protection if somebody hacks into her Paypal account which carries all this data?

What has PayPal done about GDPR?
​

This is a really good question! Also one which it appears LOTS of people would like answers to.
  • If you insert GDPR into their Help System it comes up with precisely zilch!
  • If you put PayPal and GDPR into Google you don't get a lot of help.
  • However there is one PayPal Stories Article called Getting GDPR Ready (relevant to those in the UK - I'm guessing everbody gets their country equivalent if they look online). Interestingly it says NOTHING about what PayPal will be doing in terms of processing your customer's personal data!

I  was told that PayPal has updated its legal agreements. See PayPal's Policy Updates page for the upcoming changes.

These include:
  • Notice of amendment to the PayPal User Agreement. Effective Date: May 25, 2018 (i.e. GDPR Implementation date) - this includes changes relevant to the 1. Control and protection of personal data
  • Notice of amendment to the PayPal Privacy Policy Effective Date: May 25, 2018 - find the amended PayPal Privacy Policy by clicking here

Whose responsibility is it to keep this data safe?
​

I don't think Paypal has any option - in processing personal data for EU residents it must by default comply with GDPR and all its requirements

All uses of PayPal accounts are also responsible for using appropriate means for keep access to the account limited to those who should have access eg using two levels of protection - password and a code sent to your phone.

Anybody else got any thoughts on this - or seen anything relevant?

How should she tell customers about whether or not PayPal are compliant (if she doesn't know!)
​

I guess we have less than 60 days to find out the answers!

I have no doubt there will be answers - it's very evident from the policy changes so far that GDPR applies to them. The question is how many more changes are they likely to make.

Who is responsible re. data protection if somebody hacks into her Paypal account?
​

Both are - for their respective "ways in" to the system.

Comments are very welcome on this topic as are links to helpful articles or webpages on this topic. I'll add them into the DPDR Resource Page if we get a lot.
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