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Data protection and your website

  I know its a full page of text, however, it may well prove to be the most important page you have read today.  
 
 
  • Living and operating in Tenerife means you are obliged by European Law to comply with the directive on Data Protection. There is an additional a Spanish Law to further protect Spanish Nationals. It doesn't just mean password protecting a computer, or a compliance notice on the web site, this is just a start. You as the company directors/owners are the responsible person/s (termed the "Controller/s" in law) for the law being applied in your company. It is you that is answerable in law.
  • If you have a company website you will almost certainly include some form of data capture. To stay within the law you need to think carefully about the rights of the data subject, particularly with reference to the manner in which you collect personal data and the purpose for which you use that data.
  • Data Protection is designed to safeguard the rights of individuals whose personal data may be collected during the course of day-to-day business activity, it protects the person not the data.
  • Any email addresses, names addresses you hold all count as personal information on a data subject. If you hold this information in data storage in any way with a view to using it later for marketing or sales purposes for example, the client MUST have agreed to this prior to it happening, there must be no assumption that permission has been automatically given.
  • The Directive is only partially involved in protecting information such as credit card details and transactions carried out on line, it is focused in protection the client not his money. You may well have a secure transaction capability built into the web site, but is the rest of the client data as safe.
 
 
  These are the typical type of websites where data protection may well be required.
  • Estate Agents Clients data, email addresses, financial information, passport information,
  • Car Hire companies email addresses, home addresses, driving licence numbers
  • Apartment Rental owner and client information.
  • Shops - Client information Addresses - Financial information -passports - NIE
  This is not meant to be an exhaustive list, only a few examples, if you are not sure please dont hesitate to email us, we may well be able to put your mind at rest.

You can be audited at anytime, and failure to comply with the Directive can mean seizure of your computers, and in the extreme cases, court proceedings, fines and even imprisonment.

 
 
     
 
  We can help you
  • We can undertake a survey of both your computers, the systems and networks and importantly the data they hold.
  • We will advise you on the application of the Directive to your business, and also any remedial action you need to take to ensure you comply with the law.
  • We can interface with both web site designers and the Company to ensure any changes are carried out efficiently and without undue costs.
  • We can also arrange to be in attendance in the event of a compliance inspection.
 
 

 

 

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