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Art Business Info: NEWS

​about art for artists

What has PayPal done about GDPR?

28/3/2018

7 Comments

 
Picture
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.
7 Comments
MarionBE link
28/3/2018 08:10:25 pm

Something I spotted in the latest "your PayPal agreement has changed email" that's part of the new privacy changes.:

>"Your privacy policy must clearly and expressly indicate that all PayPal transactions are subject to the PayPal Privacy Policy. <

Reply
Neil Whelan
11/4/2018 02:07:28 pm

Yep, so far it appears Paypal have done nothing and said nothing. They're leaving it late if they expect all their users to agree a data processing agreement.

Reply
chris rose link
2/5/2018 10:28:31 am

When taking internet sales via Paypal the names and addresses of buyers automatically come through to our e-mail accounts. How long should we store this data in our e-mail client: until the sale is processed and sent out? Until we have confirmation of receipt of artwork from the client? Do we have to serve a privacy notice with every sale? There seems to be little guidance on this even from the ICO website.

Reply
Peter
2/5/2018 03:36:47 pm

I called up Paypal just now and asked 2 different people there about what Paypal has done about the new GDPR and they appeared clueless as to what I was talking about. Can't seem to find anything about this topic online too. A bit silly when they are have a lot of customers' data stored on their system and May 25th is fast approaching.

Reply
Katherine Tyrrell
2/5/2018 11:19:16 pm

Depends where you live. In the UK the requirement to keep all prime documents relating to your accounts for six years after the tax year to which it relates usually answers most problems

Although it's very odd that there's nothing I've seen that recognises that requirement - which is not optional.

Reply
Luke Briner link
4/5/2018 09:20:15 am

I've just read the new privacy policy from PayPal and it is NOT good reading. There are several areas that sound like a manipulative corporate who are trying to infer certain rights they don't have.

For example, read, "With other financial institutions that we have partnered with to jointly create and offer a product or service" and it sounds like they will share your data with their partners who are not actually required as part of the business you are doing with them (such as a credit card transaction) - FAIL.

Personally, I won't use them any more, except that many companies use them to process credit cards.

Reply
Katherine Tyrrell link
4/5/2018 09:53:30 am

How about if you try sending them a letter after 25th May 2018 suggesting that
(1) they are being less than transparent about its partners who will also receive your personal data
(2) that you need a complete listing of all of these - with individual opt out boxes for each i.e. they cannot share with those who are not party to the service you require from PayPal and
(3 they appear to not be complying with the GDPR - and consequently
(4) you are copying this letter to the Information Commissioner's Office.

Now if a lot of people did that......

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