Showing posts with label Legal. Show all posts
Showing posts with label Legal. Show all posts

Be Careful What You Post On Social Media

be careful what you post on social media after car accident insurance lawsuit settlement check

People who are involved in car accidents should use discretion when posting to their social media accounts. Data from Pew Research Center suggests that approximately seven out of every 10 people in the U.S. use some type of social media platform. Social media users participate on these platforms for a variety of reasons, including to entertain themselves, to connect with others, and to share information. Sometimes, however, others may use people’s posts to create alternative pictures or facts. 

Using Victim’s Posts Against Them 

After a car accident, the insurance companies or at-fault drivers’ attorneys may access victims’ social media and use their posts against them. In such cases, the pictures, thoughts, and other information shared innocently with people’s connections may be used as admissions of fault, to claim no injury occurred, or as a signal of bad faith on the part of the victims. 

Admitting Fault In Legal Cases

Insurance adjusters may take casual posts or comments about wrecks and interpret them as admissions of fault, even when the drivers bear no culpability in the accidents’ causes. Financial liability for injuries and damages suffered in auto collisions often comes down to which drivers caused the crashes. If drivers admit fault or seem to have admitted fault, the insurance company may use those statements as cause to deny compensation. For instance, people may post that they struck a vehicle they never saw coming, and the insurance companies may consider this as the drivers admitting they caused the accidents. Consequently, the insurance companies may refuse to pay for the damages and injuries caused by the collisions. 

Claiming No Injury Occurred In Car Crashes

Following auto accidents, insurance adjusters may point to pictures posted on social media sites as evidence that victims’ injuries are not as serious as they claim. Photos may capture and preserve a moment in time; however, they rarely tell the whole story. For example, a man who suffered a serious leg injury in a car wreck posted a picture of himself at a family barbecue. Although he stood with great difficulty only for as long as it took to take the photo, the insurance company used the picture to claim the man did not have limited mobility due to the accident as he claimed. 

In some cases, insurance companies may also argue that posting too much or continuing to post as normal indicates victims did not suffer any pain or emotional trauma due to the crashes and their resulting injuries. On these grounds, insurance companies may attempt to deny compensating people injured in motor vehicle collisions for their emotional pain and suffering. 

Signaling Bad Faith To Insurers

Making posts about injuries after auto wrecks may seem like just venting one’s frustrations. However, insurance companies may view it as a sign of bad faith if people put their frustrations with the insurance claim process in writing on social media. Insurance companies may argue they do not have to negotiate with victims because the victims were not acting in good faith when they posted to social media. 

Handling Social Media After A Crash 

Taking certain precautions with their social media accounts following car accidents may help those who suffer injuries to protect their rights. After auto collisions, people may benefit from placing all their social media accounts on private, if they have not done so already. They should keep in mind, however, that their posts may still become public and use discretion when posting. People should also avoid adding any unknown friends or followers.

Who Can Apply For An EU Trademark?

who can apply for eu trademark

In principle, any person may register an EU trademark with the European Union Intellectual Property Office (EUIPO) who has a place of business or residence in a member country of the EU. Anyone who does not live in a member country of the EU must also appoint a legal representative in the EU. 

Profitmark, an experienced company, has been registering trademarks all over Europe for over 7 years. We can always help you quickly and efficiently. More information on this page: 


Apply For An EU Trademark: Individual, Collective Or Certification Mark? 

If you decide to apply for a European trademark, you can choose between the following types of EU trademarks during registration: 

Individual Mark: this is the mark as you usually know it. The individual mark distinguishes goods and services of one provider from those of other companies. Individuals, but also legal entities such as associations, limited liability companies or stock corporations can register them. 

Collective Trademark: It identifies products from different companies that all have common characteristics and distinguishes them from competitors. Only manufacturers, producers, service providers, traders or persons under public law such as municipalities or broadcasters can register a collective trademark. 

Warranty Mark: It provides indications of appropriate quality control. Examples of the certification mark are the Fairtrade or TÜV seal. 

After The EU Trademark Application 

In order to prevent trademark dilution and loss of value of the EU trademark, it is recommended to monitor the trademark regularly after a successful application. In this way, you can determine whether someone is misusing your trademark for their own purposes in the EU single market and can take appropriate legal action. 

To do this, you can search all relevant trademark databases for critical new applications or entrust a lawyer with regular trademark monitoring - the trademark and patent offices, on the other hand, do not monitor EU trademarks. 

Securing An EU Trademark

This is how it works You can apply for your EU trademark yourself. However, the requirements for trademark protection are high: Not only do you have to conduct a trademark search in advance in the relevant databases - some of which are subject to a fee - but you also have to interpret the results in a legally sound manner. 

The smallest errors in the search or in the application for trademark protection in the EU can lead to the EUIPO rejecting the application. If you have already invested money in the form of office fees in the application or branding, these office fees would be lost. Even more serious can be the strategic loss of time. In addition, costly warnings from third parties may follow, who may invoke a claim arising from this. 

For a successful EU trademark application, it therefore makes sense to contact a lawyer. The attorney has access to all relevant databases and knows which subtleties are important for the European trademark search and the secure application. 

If they find obstacles to registration, they can advise you on the further procedure and possible modifications so that you can still register your trademark.

How To Apply For An Irish Passport

how to apply for irish passport online vs offline process

Ireland is a beautiful country that you need to visit as soon as possible. But getting a passport these days can be confusing and difficult, especially in the age of Covid-19 travel restrictions.

Did you know there are ways you can get an Irish passport without being stressed? Consider yourself a lucky person if you are reading this because we are about to show you the easiest ways of getting an Irish passport online, even during the Coronavirus pandemic. You won't need "the luck of the Irish" for your passport approval with our guide.

Before we mention the steps you need to take to get an Irish passport, we would like you to know that only Irish citizens are eligible for an Irish passport. So, if you aren’t an Irish citizen yet, ensure you complete the citizenship application Ireland form and become an Irish citizen before you take the steps below. 

Online Application For Irish Passport 

You can follow these steps when applying for an Irish passport online. 

Step 1 

Visit passport online and complete the online application form available there. Send your original documents to the Passport Service when you complete the online form. The basic documents that you are expected to submit include the following: 

· Proof of your name 

· Proof of address 

· Your civil birth certificate 

· Your civil marriage certificate (require if the name you bear now isn’t the same as the name on your birth certificate) 

· Original copy of a government-issued ID card or document having your full name and Photo. 

· Your original naturalization certificate (if you became an Irish citizen by naturalization) 

Meanwhile, it is pertinent you note that a few additional documents may be demanded from you. 

Step 2 

Prepare a digital photograph of yourself for submission. We recommend that you contact a photo provider to get your digital photograph on a portable storage device or to obtain a unique code that can function as your digital photograph. However, if you own a digital camera, you may capture your image at home. Just make sure the image includes your waist upwards. 

Step 3 

Verify your identity using an identity verification form. If you live within Ireland, you must take your form to a member of the Garda Síochánafor signature before submitting it. In case you live outside Ireland, someone whose profession is listed on the passport online can be your witness. 

Step 4 

Submit your documents to the Passport Service. We have listed the basic documents that you are expected to submit above. But like we mentioned earlier, the passport service may demand additional documents from you. To get a full list of all the documents you need, you should print an Application Cover Page after you have completed your application. 

Kindly note that photocopied documents are not allowed. We recommend that you use suitable envelopes to deliver all your documents to ensure safe delivery. The Passport Service also recommends the use of a secure postage method. Note that all applicants from Ireland will receive a postage label. 

Applicants outside Ireland can send their documents through the nearest Irish Embassy if they don’t have access to any reliable postal service. 

Offline Application For Irish Passport

This can be done in person or through the Passport Express. Moreover, you should note that application in person takes a longer time to process for those registering for the first time since it is designed primarily for passport renewal and not for fresh Irish passport applications. 

Hence, we recommend that you apply through Passport Express rather than applying in person. Here are the steps you need to take when applying through Passport Express: 

Step 1 

If you live in Ireland, visit Garda stations or a post office to obtain the form APS 1. Complete the form and get other necessary documents ready for submission. The documents you need are the same as the ones we mentioned in step one of the online application method. 

Step 2 

Add four recent photographs of yourself to your application. Your witness needs to sign on the back of two photographs you are attaching to your application. Also, the witness should write the number in section 9 of the form on the back of the two photographs he/she signed on. Only a member of the Garda Síochána can be your witness if you are applying in Ireland. 

If you are applying from outside Ireland, the person acting as your witness must be among the suitable categories of individuals listed on the application form. And your witness is expected to write their daytime contact number on the form. 

Step 3 

Submit your application form and documents to Passport Express. Your application will be processed within 20 days for approval or denial for Ireland. 

Bottomline On Irish Passport Applications

Irish citizens who wish to get Irish passports can apply for them both online and offline. Both ways are hassle-free once you know the right steps to take for an Ireland passport online or offline. By now, we believe you know the right steps to take in your application, so kindly go ahead and apply for your Irish passport.

Divorce Preparation, Planning, And Expectations For Entrepreneurs

divorce preparation planning expectations legal separation attorney entrepreneur

Divorce is never an simple or stress-free situation, even when spouses end their marriage as agreeably as possible. There is a certain toll the affected are subjected to handle, not only financially, but emotionally and socially as well. That being said, it is better to face it prepared, to ease your way through it and be ready for challenges that may come your way regarding its legal proceedings. 

It's important to arm yourself with a lawyer, a plan, and proper expectations for how divorcing will proceed. This is especially true if you are an entrepreneur or business owner getting divorced where your income or company itself could be on the line.

5 Divorce Tips For Planning Preparation & Exact Expectations

1. Seek Both Legal And Family / Friends Support 

This is the first step to take when faced with the prospect of getting divorced. Or if your spouse had already handed you the papers for it. Seek legal counsel from a reputable divorce lawyer in the city and/or state. You should not go through this without proper guidance from people and/or a team who are knowledgeable in the legal dealings spanning divorce. At the same time, reach out to your trusted family and friends. Having your loved ones around you during this period will keep you focused on completing transactions of the divorce itself. They will also be your source of encouragement, motivation, and support, as your continue to go through your regular day-to-day. 

2. Civility And Not Revenge 

Be civil about this. Forget that perspective of wanting to “get back” at your spouse, regardless of whether the said spouse or his/her family are hostile to you and to your own. Remain civil. It is the best and most practical approach for you to keep your head straight and focused on the goal. Additionally, being civil will strengthen your case. In the event that your spouse renders you with unfriendly actions, gestures, and words, the court may be more likely to favour your plea than the other. 

3. Do Not Release Related Information To Everyone 

Whatever you do, do not go on social media and post details about your marital union termination. The same is true with sharing legal specifics when you’re with friends, family, and workmates. It is advisable to keep only those who are closest to you aware of the case. Still and all, keep the particulars to yourself and to your legal advisors. Any information you share publicly, whether it is via email or social media, can be used against you and damage your case.

4. Your Kids Are Not Your Shoulder To Cry On 

Your divorce lawyer sugar land trusts will echo this--- that you are NOT to use your children as your “shoulder to cry on”. This may lead to you damaging their emotional and/or social development, which may negatively affect their lives when they grow up to be adults. Calmly explain to them that you and their other parent will be going through a divorce. But that this does not mean they are losing one or both parents. Constantly remind and assure them that they are loved and that they had nothing to do with your decision to no longer stay married with your spouse. 

5. Stay Organized And Efficient 

With the aid of your divorce attorney, organize divorce papers and related documents. Archive them where they will be easily accessible yet secure. Secondly, you and your lawyer can meet with your spouse to discuss how assets, bank accounts, properties, and the like will be equitably and favorably distributed. 

Failing To Prepare Means Preparing To Fail 

Divorce is difficult and demanding for everyone involved, except for the lawyers profiting from it. But that doesn't mean you shouldn't hire an experienced divorce attorney to help guide you through the process and protect your assets. An accountant would be another good option to hire for the financial aspect of divorcing. A therapist would be a smart investment for the emotional side of the separation. It can be traumatic that your former girlfriend or person you were dating is now your bitter enemy in a financial and legal battle, so it is best to prepare yourself adequately.

All in all, it pays to prepare for getting divorced and to understand expectations. And if you own a business, you better start planning the divorce now!

Legalization Of Casinos In Ukraine: Causes And Effects

legalization casinos ukraine cause side effects belarus gambling

On August 8, 2023, during a visit to Turkey, President of Ukraine Volodymyr Zelenskyy said that gambling, including casinos, which are located in 5-star hotels will be legalized in Ukraine. This was a clear signal to Turkish business to attract its investment in tourism in southern Ukraine. As reported, for the joint development of the Black Sea brand. 

Zelenskyy said that the law adoption on the gambling legalization will stimulate the construction of new 5-star hotels in Ukraine. The president announced this during a press marathon on October 10. 

According to the Ukrainian president, the law will stipulate that 5-star hotels that will have at least 200 rooms for Kiev and 150 rooms for the Ukrainian regions will be able to get a license to organize gambling business. 

“We have five-star hotels on the market, but they are very small. There is no way to make a casino. We need a test of how people will fight for these licenses. We want hotels to be built,” Zelenskyy said. 

The president also hopes that the gambling business legalization will allow "to remove the gaming history from the streets". Funds from the licenses sale for the gambling organization will be directed to the development of sports and medicine. 

According to government estimates, budget revenues from the gambling legalization may amount to 2-2.5 billion UAH ($ 82.9 - $ 103.7 million) per year. 

Gambling is really popular, and, most importantly, a profitable tourist attraction. In many countries of the world it is illegal, which could potentially contribute to the influx of tourists from such countries to Ukraine if the casino is legalized here. 

In Ukraine, gambling was banned in 2009. For violation of this law, owners of such establishment may be fined eight thousand minimum salaries - more than 33.3 million hryvnias ($ 1.3 million), and property confiscated. 

Analysts estimate world global gambling revenues at $ 130 billion per year. The largest casinos in Las Vegas can earn up to $ 14 billion in a year. At the same time, such establishments provide numerous high-paying jobs. 

Neighboring Georgia is the closest example, of what Ukraine can expect. Gambling in Georgia is legal, although it is strictly regulated. In order to open a casino in Georgia, an investor will have to pay a contribution of 5 million lari ($ 1.7 million). However, the country's authorities encourage the development of the gambling business and provide benefits for opening casinos in tourist cities such as Batumi (where the fee is reduced by 20 times). 

Casinos in Georgia generate $ 2.2 billion in revenue annually (14% of the country's GDP). Tax revenues from the gambling business are growing annually, and in 2023 reached $ 47.6 million. Moreover, as in the case of the Philippines, the majority of casino visitors are foreigners, mainly from neighboring Muslim states, where gambling is strictly prohibited. 

International operators are already waiting for the final requirements to start the casino launch in Ukraine. So, the leader of the post-Soviet space, Storm International, has been waiting for many years for the gambling legalization here. Darren Keane, Storm International CEO, believes that a well-designed law will allow everyone to benefit. Ukraine will receive significant tax deductions, operators will expand their business and make a profit, casino players and tourists will get places for a quality safe rest. 

Also, high-paying jobs will be created in the country and Darren Keane and Shangri La network believe that the Ukrainian employees of the company, who arrived in casinos of Belarus, Georgia, Armenia and Latvia, will be happy to work in Ukraine. This is a great opportunity to return Ukrainian citizens to their homes and families.

Email Marketing Essentials For Business Attorneys

essentials email marketing for business attorneys e-marketing lawyers e-newsletters law firms

Email communication is one of the most powerful marketing tool available. It has the ability to generate leads, engage customers, and amass sales. Despite such strong prominence and ability, many law firms fail miserably to convert through email. There are a number of reasons for an email marketing campaign not resonating with its intended audience. Chances are many attorneys are making the same mistakes repetitively. Let us have a look at the essentials of business attorney email marketing, and why law firm need to include in their marketing campaign for stellar results. 

Optimize Emails For Mobile 

Mobile devices are so ubiquitous previously that they simply cannot be ignored. With the invention in technology, approximately 80% of American adults own the smartphone that can handle nearly every task, which is completed on desktop. Besides this, more people are using smartphones to open up and respond to their emails. According to the Forrester Research, more than 50% of emails from retailers are opened on tablet devices. This shows the strength of email marketing, and consumers’ willingness to respond from that medium. Precisely, if you want to hit your customers, it is advisable to business attorneys to optimize their emails to be mobile responsive for the increase in smartphone users. In the event of neglecting this major domain, you are missing massive portions of your audience who cannot be bothered with cumbersome email formats. 

However, it is not just your email that needs to be optimized. Rather, your landing pages and home page need to be optimized as well. Hence, as a law firm if you are looking forward to connecting with your clients, then optimize your website and email marketing efforts for mobile as well. 

Be Human 

The best marketing strategy is personalized marketing. You need to address to your client, as you are talking to him/her one-on-one. This is a common fact that nobody wants to interact with any piece of content if there is no personality permeating through the prose, be it blog posts or emails. Emails without personalized content are considered as boring emails that serve no purpose for your marketing efforts. As a business attorney, if you want to sell your services to your existing or potential clients, it is advisable to engage your recipients with an excellent story. Tell them how effectively you have solved your client’s problems so that they will consider hiring your services as indispensable for their problem. Presently, customers are not paying heed to the sales messages; rather they have shown great resistance to sale messages. 

However, when business law firms use humanistic element in their marketing campaigns to attract consumers or tell them an inspiring story that defiance becomes minimized, and sales pitch becomes less abstract to the clients and looked more like the firm care for their problems or issues. 

Stating The Need Of Hiring A Business Attorney 

Besides the human factor, it is advisable to state the need for hiring a business attorney in your marketing campaign. Further, how they can help you in solving your issue. Precisely, well-crafted email marketing campaigns are vital as they keep your name in front of your network, and facilitate people to associate your business with authority and credibility.


I hope you enjoyed this article about the essentials of email marketing for business attorneys, lawyers, and law practices.

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How Entrepreneurs Can Stay GDPR Compliant

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Businesses have been working hard for years to ensure that they comply with the GDPR (General Data Protection Regulation) in the European Union (EU). The legal consequences of not complying with GDPR guidelines have been clearly defined and leave little to the imagination for businesses and entrepreneurs in possession of physical or digital data. Companies in violation of the GDPR may be fined between 2% to 4% of their annual global turnover or up €20 million, whichever is higher. Frequent GDPR violations can raise the level of legal penalties to the €40 million range. The GDPR Compliance Checklist The GDPR is a complex 11 chaptered document with 99 articles that cover a wide range of user privacy issues. 

This set of regulations can be hard to digest and interpret, which is where this checklist enters the picture. The ultimate GDPR compliance checklist highlights and lays out all of the main bases that you have to cover systematically to achieve GDPR compliance. Data Privacy Impact Assessment (DPIA) With the GDPR in in full swing, a DPIA can be extremely helpful for online publishers, who are now officially defined as data controllers (fully responsible for GDPR breaches).

In a nutshell, DPIA is a risk management process. It helps map and analyze the privacy risks your operations create, eventually enabling you to come up with an optimization plan. Identify the privacy risks and Evaluate Privacy Solutions with your company. Your first challenge is to map the data collection points where you are collecting Personally Identifiable Information (PII) data from your customers and identify the privacy risks that exist while processing them. Data controllers (such as online publishers) should pay extra attention to PII data that is processed by third party services like Google, web browsers, and advertising networks.

Record the DPIA results and Integrate Into the Project Plan After analyzing and understanding the privacy challenges in the ecosystem, the data controller should record all findings. Your next step should be to implement required mechanisms for enforcing personal data protection. Furthermore, the selected mechanisms need to be demonstrated adequately to prove GDPR compliance. Collaborate with Internal and External Stakeholders Online publishers need to know what exactly the third party vendors are doing with their customers’ PII data and how exactly it is being processed. This collaboration is vital for GDPR compliance. 

Policies and Procedures for GDPR are as follows. As part of you shiny new privacy policy, your legal department or consultant will require a list of all data processors, why are they being used, how are they being used, and to what extent. You will also be required to ensure that your customers’ data is being processed in compliance and tracking all developments in real time while taking care of the relevant documentation. 

Mandatory documents to enforce GDPR compliance include the following: Personal Data Protection Policy (Article 24) – a top-level document for managing privacy in your company, which defines what you want to achieve and how. Privacy Notice (Articles 12, 13, and 14) – this document explains in simple words how you will process personal data of your customers, website visitors, and others. It is recommended to publish this in your website for optimal transparency. Data Retention Schedule (Article 30) – lists all points of PII data collections and describes how long each type of data will be kept and stored. Data Retention Policy (Articles 5, 13, 17, and 30) – it describes the process of deciding how long a particular type of personal data will be kept, and how it will be securely destroyed after the processing is completed. 

entrepreneur gdpr compliant eu data privacy laws


Data Subject Consent Form (Articles 6, 7, and 9) – this is the most common way to obtain consent from data subjects to process their personal data. Parental Consent Form (Article 8) – if the data subject is a minor below the age of 16 years, then a parent needs to provide the consent for processing his personal data. GDPR treats the breach of this protocol very seriously. DPIA Register (Article 35) – this is where all the results from your Data Protection Impact Assessment (DPIA) will be saved after being recorded and analyzed. The procedure revolving GDPR breaches needs to be clear to avoid any reporting delays. When a PII data leak is detected, the data controller needs to record the event in the Data Breach Register (Article 33). There is also a requirement to notify the relevant Supervisory Authority about the incident, while also updating the affected customers (Article 33 & 34). 

Notices and Consent Data controllers need to make sure that that have user consent to collect personal data. The online publisher needs to be able to demonstrate that the data subject has consented to processing of his or her personal data, ideally via an intelligible and easily accessible form, using clear language. Furthermore, users now have the right to withdraw their consent at any time. Employee Training is paramount for compliant action. You will need to identify what your staff respond well to and incorporate these elements to create a successful GDPR staff training program. Common techniques include adding a game or an element of reward. A GDPR awareness programme should be an ongoing process that is reinforced regularly throughout the year and also when staff-related incidents occur. 

Data Retention Policy GDPR will introduce laws that will make the storage limitation principle considerably stricter. Soon, it will be illegal for data processing to be excessive in relation to the purpose of acquiring such information. Specific time limits will be set for both the processing and reviewing of data, while the handling of personal data should remain explicit and transparent. It is also important to make sure that all third party vendors are encrypting the data before and after it is processed and/or transmitted to fourth and fifth party providers. Personal Data Collecting and Processing First and foremost, the data controller should assign a Data Protection Officer (DPO) when there are significant amounts of DII data being collected and processed. Online publishers definitely belong to this category. The DPO has the responsibility of advising the company about GDPR compliance and monitoring the activities from the legal standpoint. 

Third party vendors are becoming increasingly necessary for modern online publishers to remain profitable. These services can appear to be perfectly functional, they are basically autonomous components that are working independently, often while compromising user privacy. Many also make use of fourth and fifth party services to gain added functionality. Compliance is further complicated due to the way third party solutions work. Your PII data can potentially reach new data processors in the form of fourth and fifth party services. A proper GDPR audit should go beyond first party software on the website and include third party services in Ad Tech and MarTech stacks for a through inspection. 

Remember, GDPR Doesn’t End With Just One Audit. A good GDPR audit doesn’t mean your Ad Tech stacks will stay compliant in the long run. Third party vendors often make code changes that alter the way your PII data is processed or in extreme cases stored, which is a violation of the GDPR guidelines. New fourth and fifth party vendors, who can potentially be completely non compliant, can also enter the fray. The meaning of this ongoing risk is that online publications have to be on the top of things and monitor their ecosystem, especially marketing software stacks, in real time.

At first glance, it may seem that the GDPR only applies to large, global companies that conduct a lot of business overseas. But that's a false perception that could harm a lot of small businesses. No matter the size of your company, if you collect any kind of personal data on citizens in the European Union, from email addresses to medical records, you are legally required to comply with GDPR regulations. Are you prepared? Here are ten simple steps your business can take to be best prepared for the GDPR, even if you are not physically located in the EU. 

Even if Your Business is Not Located in the EU The General Data Protection Regulation is a new set of rules amended to the current Data Projection Act that will soon be mandated for those businesses dealing with European consumers. On May 25, 2018 the regulation insists on safeguarding the personal information of all citizens of European Union member states. While many businesses are already aligned with the specifications, it is important to make sure your business has everything covered. This article takes a look at what you need to have in place in order to avoid being found in violation of the GDPR in 2023 or beyond. 

The truth is these new rules are aimed at large companies who deal in information as a source of revenue. Smaller businesses aren’t likely to be penalized the 4% of worldwide gross or 20 million Euros that large corporations will if they are found in violation. If you are worried about having a mountain of work ahead of you to prepare, you shouldn’t be. If you are unsure if you will be affected look for these key signals: 

1. You deal in information as a commodity; 
2. You request user data when they complete a purchase to use the data elsewhere or store the personal data; 
3. You deal with 1 or more European nations. 

If the answer is no to those questions then your business will be fine! So what can you do just in case? Here’s 10 steps your business can take to be best prepared for the GDPR, even if you are not physically located in the European Union. 

1. If your website has an online form that incudes a pre-checked box giving permission to receive promotional emails from 3rd parties, this box now needs to be unchecked. 

2. If your business conducts any form of list-building, ensure everyone on that list has given explicit permission to be in it. Under the Canadian PIPEDA, it was enough to have implied permission; however, if any EU residents are in your database, the rules are much more firm that provides subscribers with the right to obtain the information stored on them. This includes the use of 2023 torrents by employees or on company devices.

3. Make sure your entire staff is aware of the new rules. Circulate a memo to all personnel with a follow-up meeting where the points are reviewed. Asking a few questions to key players whose roles would be most affected by the new rules is a great way to ensure they’re aware of what they need to do. 

4. Audit all stored client and customer information and track where you got it from and where it has been used. Keep a record of every bit of info and who you may have passed it to at any time, and document the relationship and reasoning. 

5. Update your privacy policy so it includes the reasoning for retaining any user data, how it is legally used, and how users can contact your business if they feel their user information is in any way being misused. 

6. Have a clear method in place to address requests for erasing a user’s data. Under the DPA, users already had certain rights but the GDPR takes it further with information rights pertaining to their data stored by your business. The rights consist of: 

• the right to be informed 
• the right of access 
• the right to rectification 
• the right to erasure 
• the right to restrict processing 
• the right to data portability 
• the right to object 
• the right not to be subject to automated decision-making including profiling 

You will need to be able to provide all this information in a clear and machine-readable format (not in hand writing). 

7. Have a process in place for handing over large volumes of requests. Previously under the DPA businesses had 40 days to comply with a request. That has been shortened to one month. Any lawful request must be fulfilled though if there are a large number of requests and the suspected reasoning is to cause problems for your business then these requests can be contested legally. 

8. Have your lawful reasoning for retaining user data or passing to others clearly stated for users and ensure the opt-in option is not pre-ticked or unclear. Users must have a clear understanding of why you want their data, what you do with it, and who you might share it with. And they must have the option to say no. This is separate from Terms and Conditions. 

9. If your business deals with anyone under the age of 16 then you will need a parent or guardian’s permission to process any of the child’s data. This is very important and strictly regulated but at the same time if you are not dealing in information as a commodity then you are likely not going to have to worry. 

10. Have steps in place to address a data breach. In the event that user’s data may be compromised you will need to have a way to let all affected users know what was compromised and when. Assigning someone internally the task of coordinating the response is a great idea. 

Final Thoughts On GDPR Compliance

And that’s it for our GDPR law advice! As you can see it is a big business problem and more so rooted in user protection in Europe where social networks have been cited as problematic and susceptible to foreign influence. North America is not really affected much but the issue is still very newsworthy, which can make some SMB owners nervous when they shouldn't be.


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