- The new LOPD or the RGPD prohibit the sending of Christmas cards
The prestigious Spanish Data Protection Agency (AEPD) informs us that, in principle, data protection laws do not prevent citizens from sending Christmas cards or greetings if they do so within a personal context and are addressed to close people such as family or friends. However, if a company 's services are used to send or receive these types of communications, those services must comply with the requirements established by law.
In the case of sending corporate congratulations, organizations must have a justification for doing so based on some type of legitimization in which, depending on the case, the legitimate interest could be framed. If any type of offer or advertising is made in these communications, the obligations established by legislation for this type of commercial communications must be complied with.
In any case, children will be able to continue sending their letters to Santa Claus and the Three Wise Men of the East without worrying about data protection regulations.
- Think twice before sharing compromising content at your Christmas dinner
Likewise, it is common to take photos and videos of the company Christmas dinner and for them to end up on some social network. We must keep in mind that what seems very funny to us today may affect us negatively in the future.
If you are the author of the image, remember that you need the permission of the people who appear to upload them to the Internet and that if you do so without that consent you could be committing an infraction that, depending on the circumstances, could even amount to a crime. .
From the Agency, they call on companies and organizations to prevent possible situations of harassment as a result of images taken at these events.
- Can I enter other people's data to give them a subscription or service?
It could be the case that for Christmas we want to give away some type of subscription or service such as a year of access to an online video platform, a few issues of a specialized magazine, tickets to a show or an adventure experience. Sometimes, this type of purchase requires providing personal data and, obviously, we do not have your consent to do so as it would spoil the surprise. So, can we provide that data?
As a general rule, it's important to keep in mind that these types of gifts may involve the processing of the recipient's personal data. If this is the case, the giver assumes certain responsibilities. In these situations, it's advisable to take precautions such as:
- Look for options that do not process data
- Avoid services that carry out aggressive data processing
- Choose options that allow you to unsubscribe from said service if the recipient so wishes.
- Make sure that the contents of the gift do not offend sensitivities.
In short: buy with common sense.
- 10 measures to buy safely online this Christmas
- Make your purchases on pages that inspire confidence.
- Make sure that the person responsible for the online store and its location are identified on the website.
- Check that the online store is secure and provides you with all the information you need about consumption and processing of personal data.
- If possible, use a card exclusively for online payments.
- Be wary of offers that are too attractive, as you could be looking at a fraudulent website.
- Don't forget to check that your devices are set up correctly and the internet connection is secure before providing your personal details or payment details.
- Never send cash to complete a purchase and choose your payment method carefully.
- Remember that businesses with trust seals offer greater guarantees.
- You can withdraw from a purchase or contract without having to give explanations within 14 days.
- If you withdraw or make use of the guarantee, this should have no cost to you, and this includes shipping costs.
- The lists of good children of the Three Wise Men and Santa Claus comply with the RGPD
The Spanish Data Protection Agency, in collaboration with other European agencies, has contacted Santa's elf data protection officer and the Three Kings' page responsible for this function. We can confirm that these lists of good children comply with all the obligations and principles established by the GDPR and that the processing is based on the legitimate interest of Santa Claus and the Three Kings in bringing joy with their gifts and the legitimate interest of the children who have behaved well this year in receiving them.
From the Fimax Data Protection Department we wish you a Merry Christmas and a Prosperous Beginning of a New Era... Oh, my goodness, my goodness!
