Earlier quoted context omitted.
If a European butcher takes notes on his customers using a paper notebook or Excel, are these different modes of data-management subject to GDPR? How are you about to answer that with US IP law?
What kind of notes? I am not an expert in GDPR law since I don't track people, hopefully someone here would explain exactly what is PI and what is tracking and if will apply in this exact case.
German butcher's GDPR notice
31–37 of 37 posts
Re: German butcher's GDPR notice
#32Earlier quoted context omitted.
The IP law is related, it protects some people or companies IP, publishers have to follow it, have to respond to DMCA, people in other countries can go to jail. But people that want the IP laws think that my private data should not be mine and not be protected, because it should not be or because it is not easy. Responding to DMCA claims, making sure to use the right licenses for software and assets is not easy eithe…
If a European butcher takes notes on his customers using a paper notebook or Excel, are these different modes of data-management subject to GDPR? How are you about to answer that with US IP law?
> This Regulation applies to the processing of personal data wholly or partly by automated means and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system.
Which makes sense, just keeping customer data on paper instead of in digital storage shouldn't mean you don't have to protect it.
Re: German butcher's GDPR notice
#33Earlier quoted context omitted.
If a European butcher takes notes on his customers using a paper notebook or Excel, are these different modes of data-management subject to GDPR? How are you about to answer that with US IP law?
Article 2: > This Regulation applies to the processing of personal data wholly or partly by automated means and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system. Which makes sense, just keeping customer data on paper instead of in digital storage shouldn't mean you don't have to protect it.
Re: German butcher's GDPR notice
#34Earlier quoted context omitted.
Article 2: > This Regulation applies to the processing of personal data wholly or partly by automated means and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system. Which makes sense, just keeping customer data on paper instead of in digital storage shouldn't mean you don't have to protect it.
Ah, it says automated. I wonder if that mean manual human input changes things, even manual human input in Excel.
Re: German butcher's GDPR notice
#35Despite the fun part, if they keep notes of their client names, it has to be GDPR compliant. That’s the example I give to my client, but with a hairdresser. If they give you fidelity card and they got a copy of your name in a cardboard box, then yes they have to comply to GDPR. Here in France, even the media says that GDPR is for internet companies, not explaining that it’s for every companies. So most of them are su…
Maybe, maybe not. Article 2 (material scope) says:
"This Regulation applies to the processing of personal data wholly or partly by automated means and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing system."
Note that for GDPR to apply, the data has to be part of or intended to be part of a "filing system". (It is possible to read the above as saying that the filing system requirement is only for data processed other than by automatic means, but Recital 15 suggests it is not limited that way: "The protection of natural persons should apply to the processing of personal data by automated means, as well as to manual processing, if the personal data are contained or are intended to be contained in a filing system").
What is a filing system? Article 4 tells us:
"‘filing system’ means any structured set of personal data which are accessible according to specific criteria, whether centralised, decentralised or dispersed on a functional or geographical basis"
Recital 15: "Files or sets of files, as well as their cover pages, which are not structured according to specific criteria should not fall within the scope of this Regulation"
One could probably make a good case that if you are just randomly tossing cards into a cardboard box, that's not a structured set of data, and so not a filing system, and so GDPR does not apply.
Re: German butcher's GDPR notice
#36What does it say? I haven't been able to access twitter since GDPR.
An Imgur link, if you can view that: https://i.imgur.com/IuZ8UBm.png Why are you unable to access Twitter? Did they block a portion of the Internet?
I assumed it was something to do with GDPR, but curiously I'm not prompted for anything, just instant redirect to this page.
I just treat it as another happy instance of GDPR productivity boosting so I'm not motivated to figure out how to fix it.
Re: German butcher's GDPR notice
#37Despite the fun part, if they keep notes of their client names, it has to be GDPR compliant. That’s the example I give to my client, but with a hairdresser. If they give you fidelity card and they got a copy of your name in a cardboard box, then yes they have to comply to GDPR. Here in France, even the media says that GDPR is for internet companies, not explaining that it’s for every companies. So most of them are su…
> If they give you fidelity card and they got a copy of your name in a cardboard box, then yes they have to comply to GDPR. Maybe, maybe not. Article 2 (material scope) says: "This Regulation applies to the processing of personal data wholly or partly by automated means and to the processing other than by automated means of personal data which form part of a filing system or are intended to form part of a filing syst…
If they are ordered by, let say, revenue generated by the clients, does it applies ?
Those are open questions. I know I’m looking for hair on an egg, but, as IANAL, the gray zone is a little bit too wide for my full understanding.