The GDPR introduces more stringent data protection obligations on companies and will strengthen the rights of individuals. Its implementation and effect is therefore of relevance both to corporate entities and to those seeking to enforce their rights. It will be implemented across all EU Member States and its provisions will continue to apply in the UK post-Brexit through the UK's proposed Data Protection Bill.
The GDPR sets out new rules for any organisations that collect or process personal data of individuals (known as data subjects). Personal data is any information relating to an individual, including names, addresses, photographs of individuals, email addresses, bank details, IP addresses and even social media posts – as a result, the GDPR will apply to most organisations that do business in the EU.
As a result of the changes in the law, and the publicity surrounding the introduction of the GDPR, individuals are more likely to scrutinise the way in which information about them is held by organisations.
Two key themes arising from GDPR are transparency and accountability. Companies will need to explicitly and clearly tell individuals what data they are holding, why they have captured it and what they intend to do with it. Companies will also need to be able to show that what they are doing is in accordance with the law. In practical terms, this is likely to involve at the very least updating your privacy policy to ensure that it is in plain English and that it accurately reflects what data you are processing.
Electronic direct marketing, such as emails sent to people who are not existing customers, will require a higher level of 'consent' than now: consent needs to be explicit and freely given, by way of a positive opt in. The GDPR also introduces a requirement for some types of organisation to appoint an expert in data protection law as a Data Protection Officer.
Reputation management should be a key consideration for all companies. Ensure that you have a crisis plan in place for dealing with data breaches. You could also face enforcement action if you are unable to demonstrate that you have addressed the new requirements. The legislation introduces hefty fines for data breaches of up to 4% of global annual turnover or €20million, whichever is more.
Think carefully about a notification strategy for breaches. In the event of a data breach, companies will often have just 72 hours to notify both data subjects and the Information Commissioner's Office, so having a strategy in place for dealing with this will be crucial.
Data breaches are most likely to occur as a result of human error – make sure that members of staff are appropriately trained on the changes which are coming into force and ensure that you have policies in place in relation to data security and how to handle data breaches.
If you are an employer, you will also need to ensure that the way in which you handle your employees' data is GDPR compliant. Review any HR policies to ensure that you have systems in place to deal with your obligations under the GDPR and inform employees and any job applicants about the purpose and legal basis for processing their personal data.
For further information on the GDPR and how it could affect your business, please contact Suzi Sendama at Mishcon De Reya LLP, [email protected], +44 (0) 203 321 6794.
Suzi Sendama, Mishcon De Reya LLP
Did you miss Suzi's article on Intellectual Property and Copyright Law? Click here to see more.
Andrew Davies, Design Director at YTM Group explains how technology is challenging hotel design teams in new ways.
In recent times the focus of hotel design has shifted towards what will make a statement online. The need to create spaces that photograph well, showcase something new and exceed expectations has never been greater. The ever-growing popularity of social media platforms and review sites is making it possible for guests to analyse and appraise almost every aspect of a hotel before they stay, so no room or space can afford to look anything other than outstanding.
In the 21st century, one thing that guests love to see is the adoption of cutting-edge technologies. As a result, the challenge we often find ourselves presented with, is the demand to deliver an end product that utilises digital tools without compromising on the aesthetic or comfort of the surroundings to ultimately, strike a balance between beneficial tech and unnecessary gimmicks. Finding this balance can be a powerful tool in generating positive reviews and word of mouth, both online and in person.
Innovation with purpose
Whether it's across public spaces or in the privacy of a hotel room, the temptation among hoteliers is to expect that every new gadget and gizmo in the marketplace be integrated. Yet the temptation to overload on tech can also detract from a guest’s stay. To deliver a true experience, we know that hotel guests need to be connected to a room – not via wireless technology – but through their senses. Lost in a screen, they may all too easily miss the pleasing curves of a four-poster bed, the soft feel of an upholstered chair and even the smell of a carefully placed diffuser. It is important to acknowledge that we remember with all of our senses. Repeat business and particularly referrals can only be acquired by bringing guests into the present and making them appreciate their surroundings.
This, of course, is not to say that technology does not have a place in supporting the guest experience. On the contrary, giving guests control over the ambient temperature and lighting through “Smart” equipment to accommodate their needs can heighten their sense of well being. The challenge however, is always to integrate technology seamlessly into a room, supporting the overall experience and making a stay more restful rather than overpowering it.
All too often it becomes possible to overlook the primary purpose of a hotel bedroom: to sleep. A hotel bedroom should work hardest to support rest and recovery. Few people will book the same hotel twice if they do not wake feeling refreshed, energised and ready to face the day ahead after their first stay. With this in mind, we know that digital devices are accountable for poor sleep. Many studies have shown that screen time before bed disrupts the sleep cycle. While it would be unwise not to accommodate laptop or mobile device usage in a bedroom, there are things that can be done even in smaller rooms to divide spaces and help differentiate between rest and activity space. A guest may not consciously note the positioning of a sofa, bookcase or cabinet between desk and bed, but subconsciously this can make a very real difference to the enjoyment of their stay.
It can be particularly tempting to pack as much new tech as possible into the pubic spaces of a hotel. Gymnasiums, pools, spas, restaurants, bars, workspaces and lobbies can all sport smart technology in abundance. But here, too, it is important to incorporate digital aids with a delicate touch. It might be manufacturing a reception desk that accommodates a slim tablet device into the work-surface or crafting fitted furniture to house television screens or even self-service machines. We can embrace these advances and use them to create greater subtlety rather than let technology become the statement piece.
The terrifying (but exciting) prospect for design teams is that the progression of technology and the way consumers appraise hotels is ever-changing. So we, as designers, can never stand still - it's what keeps us on our toes from day to day!
Andrew Davies, Design Director at YTM Hotel Furniture.
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