How secure is your password?

Government Communications Head Quarters (GCHQ)- where the UK spooks provide signals intelligence to the UK’s government, military and Military Intelligence and the Department for Digital, Media and Sport (DCMS) carried out their first UK Cyber Survey and the results didn’t make for great reading.

Apparently

  • 42% of us Brits expect to lose money to on-line fraud
  • 23.2 million worldwide victims of cyber breaches used 123456 as their password
  • 15% say they know how to properly protect themselves from harmful on-line activity
  • 33% rely on friends and family for help with their cyber security
  • Young people are the most likely to be cyber aware, privacy concious and careful of the details they share on-line
  • 61% of internet users check Social Media daily, 21% say they never look at it
  • More than 50% use the same password for their email that they use elsewhere
Hacker Inside

Dr Ian Levy, NCSC Technical Director said “Using hard-to-guess passwords is a strong first step and we recommend combining three random but memorable words. Be creative and use words memorable to you, so people can’t guess your password.” whilst Margot James, DMCS Minister said “We shouldn’t make their (cyber criminals) lives easy so choosing a strong and separate password for your email account is a great practical step. “

Most Regularly Used Passwords

RankPasswordTimes UsedPasswordTimes Used
1.123456 23.2mashley432,276
2.1237567897.7mmichael425,291
3.qwerty3.8mdaniel368,227
4.password3.6mjessica324,125
5.11111113.1mcharlie308,939

It’s a shame that the top password list hasn’t really changed for at least 10 years – it shows how complacent a lot of us are with our on-line security.

I used to have 3 passwords, a simple one that I used really casually for newspaper sign-ups etc – name123 (not my real passwords, merely examples) a medium security one that I used on shopping sites, n@m3123 and a more secure one, used for banking etc – c3ler0n! (and all of the ones that I used feature on the Have I Been Pwned list).

log on box

About 5 or more years ago I switched to a Password Manager. I have 801 log-ins and 801 different passwords. All of them are at least 16 random characters long and comprise upper & lower case letters, numbers and symbols (where permitted).

My Password database is stored securely in the cloud and is replicated on my PC, Phone and Tablet and accessible from my Chromebook too. I use LastPass but others exist and here’s a review of some of the top ones.

As you can see, I do my best to stay on top of my security but if you feel adrift, or need some help, just give me a call on 01793 238020 or email andy@enterprise-oms.co.uk for a free chat.

Have you had your electronic ID stolen?

In other words, have you been pwned*. There have been millions of email addresses and passwords stolen in hack attacks and millions more that have been left exposed by incompetent website owners. However, it’s not just your email address that’s been stolen, your name will have gone with it, possibly your address and maybe even credit card (and other) data.

The stolen information is then made available for sale on the dark web and here’s a sample of the prices it can fetch

  • Credit/debit card number – $5-$11
  • With the CVV (3 digit) security code – + $5
  • “Fullz” (card, CVV, name, address, date of birth etc.) – $30
  • Bank account access – 10% of the credit balance in the account
  • Online Payment Services, such as PayPal – $20-$200

But how do you know whether your information is “out there” just waiting to be abused by cyber criminals? Well, I don’t know but I know a man who does, and he’s set up a rather useful website

Have I been Pwned?

There’s a website called Have I Been Pwned. This has been created by Troy Hunt, a Microsoft Regional Director & MVP (Microsoft Most Valuable Person for developer security). After data from a major cyber incident was “found” on the Dark Web Troy decided to put a database together – in his own time & at his own cost – as a way of allowing people to check whether their data was amongst stolen information and to “keep his hand in” from a programming perspective.

The site is now a comprehensive source of information about data hacks and data loss and is simple to use. All you have to do is enter your email address to see whether you have been “pwned”

And if you have been, as shown in the image above, it will also tell you which data breach (breaches) your email address has been found in.

Not every data breach leads to passwords being available. Some databases have encrypted passwords, making them worthless to the cyber criminal. However, many don’t and, like email addresses, there are millions (over 550) of passwords available on the Dark Web.

As he’s done with email addresses, Troy has now gathered all the stolen passwords that he can find and has created another searchable database dedicated to stolen passwords.

So, why is it so important to know whether your passwords are available to cyber criminals?

At this point, all the criminals have is a list of emails and and another list of passwords. They may not know which ones go together and they also don’t know which websites these email addresses and passwords relate to.

But, from our perspective, there’s a significant weakness. This comes in to play because a lot of people use the same password for many websites simply because it’s easier to remember one password than many. This use of the same password makes things a lot easier for the cyber criminals to put our data to fraudulent use.

Let’s say, for example, that the criminals target Amazon. You might have your credit card details already stored against your account so if a cyber criminal can gain access, all they have to do is change a delivery address and Bob’s their uncle.

They’ll use a “Credential Stuffing Attack” which means that they’ll load all the email addresses in to one database and the passwords in to another and start the attack. First they pick their target (Amazon in my example) and use software that will add an email address to the log-in box. They’ll then turn to different software to try all the passwords in the password database to see whether there’s a match. And once they’ve tried one email address they’ll automatically move on the next one. Once they’ve tried all combinations, and flagged those that work, they’ll move on to another site.

This sounds like a long, slow process but they’ll probably use a “Botnet” – a network of tens, hundreds or possibly thousands of hacked computers around the world that they have control over.

So, you should check “Have I Been Pwned” for both email addresses and passwords and if you’ve got a compromised password you should find the sites you use it on and change it – remembering to use a different one for each site.

Top 10 Passwords of 1018

Different, not similar – Password, PassWord, PAssword1960 and Pa55W0rd are NOT different to a cyber criminal. Criminals will also use these, and other variants of the world’s most popular passwords (2018’s shown in the image to the right) in their attempts to hack your accounts.

If you are concerned about your digital security, or need some help with your website, SEO or anything else online then just drop me an email, andy@enterprise-oms.co.uk , or give me a call on 01793 238020 for a free, no obligation conversation about your requirements

*Pwned – When a map designer in the online game called Warcraft beat another player he wanted to say “Player x has been owned”. Unfortunately, he mis-typed and actually said “Played x has been Pwned”. This is now a “thing”

Worries with WordPress and what happens if you don’t keep up with updates

WordPress LogoYou might have a website that’s been build using WordPress. No one will blame you, after all it’s free and has become probably the most used Content Management Systems (CMS) out there. In fact, in 2018 around one third of all websites were built on WordPress.

You might have built the site yourself or paid a developer to design and build it for you. You might not even know that your site has been built using WordPress.

It’s popular because it’s free and pretty easy to use – well it is when compared to some of the alternatives out there anyway. Although popular and free, it may not be the best and although it It is OK it does have a number of issues.

WordPress Editing screenBecause it’s so popular it’s become a top target for hackers. This means that the people behind WordPress have to be on their toes, always on the lookout for weaknesses & flaws that the hackers can exploit to break into a website and create mayhem. When the WordPress developers come across such a flaw they create a patch and release a new version of WordPress. As an example, the current version is 4.7. However within the next couple of weeks there will probably be a new version. 4.7.1 and then 4.7.2 and so on and so on and so on, releasing updates as and when flaws are discovered.

You and your web developer need to be on top of this by making sure that you’re running the latest version of WordPress. The newer versions, if setup properly, should update themselves automatically but you need to keep an eye on things just in case. Older versions had to updated manually, by clicking the ‘Update Now’ link so it all seems pretty straightforward. But it’s not!

Why things may not be as easy as they seem

WordPress MenuMost websites using WordPress use a number of Plug-Ins, small pieces of software that add extra functionality to the website and make it easier to manage. However, you need to exercise caution when updating – especially if you use a lot of plugins to manage different elements of your site because some of the plug-ins may not have been updated to work with the latest version of WordPress. This means that hitting the WordPress Update link might cause a plugin to stop working and this could break your website.

But what happens if you don’t update WordPress?

Well, you might find that your website gets hacked and will start to do things that you would’t want to be associated with. It could start to download malware to the computers of all the people who visit your site – siftwre that could monitor their keystrokes and pass banking details back to criminals in Eastern Europe or China, for example.

Or you could find – as one news website found out to their embarrassment – a lot of unsavoury spam being inserted into the first paragraph of every news story on their website.

Hacked WordPress pageHow did this happen?
The company were very lax – their site was built using WordPress and was last updated in June 2012. Since then, there have been 114 updates to WordPress, some to improve performance and some to improve security.

By failing to keep up to date this gave the hackers and “easy in”. The hackers were able to use automated tools to find websites using WordPress and to find out which version was being used. From there, it would have been simple for the hackers to target a known weak spot and break in. From there, it would have been the work of moments to install their own spammy code.

What should the website do?
It’s easy to cure – all they have to do is identify and delete the malicious software and then update to the latest version of WordPress, although they are so behind with their updates that they might find their site gets broken by the update so they might be caught between a rock and a hard place.

If you are worried about WordPress, then don’t hesitate to get in touch. Give me a call on 01793 238020 or drop an email to andy@enterprise-oms.co.uk for a free, confidential and obligation free chat.

4 plug-ins every WordPress site should have

WordPress Logo

A Content Management Systems (CMS) is a tool that business owners, web developers and others use to build their websites. There are loads to choose from, depending on your specific requirements, and WordPress, Joomla, Drupal, Magento, Umbraco, Squarespace, and Wix are some of the most popular.

If your website uses WordPress(WP) then you find yourself in good company. It’s by far and away the most popular CMS, being used by 32% of all websites. WordPress is popular for a number of reasons, the software is free (but you’ll still need hosting that will cost), it’s pretty easy to use and there are thousands of “themes” (designs and templates) that you can use to define the way your website looks and many of them are free to use. There’s lots of places you can turn to for advice and support and lots of professional developers who can customise your site so that is does exactly what you need.

Customising WordPress

WordPress is not perfect though, it may not do everything that you need. However, it’s an open system which means that if you understand how to write software you can create your own enhancements. You don’t even need to be a software developer to benefit. Somebody, somewhere has probably already had a similar need to yours and written something to do the job. Thousands of people have created additional enhancements and have made their tools available to everyone. These enhancements are called plug-ins. A lot are free whilst others require a payment, although the majority of these are inexpensive.

Plug-Ins

The downside to plug-ins is that each one you use makes your website run a little slower, and with Google beginning to penalise slow sites the speed of your website is something you need to keep an eye on. This means that you shouldn’t just keep adding plug-ins. You should make your choice, install your plug-in, give it a test and if it doesn’t do what you need then uninstall it.

Example of WordPress Menu

Not only should you keep your plug-in count to a minimum but each plug-in MUST be kept up to date. The authors regularly update them, some updates patch security flaws, some improve performance and/or add extra functionality and some updates are required to make sure the plug-in runs with the latest upgrades to WordPress itself – so you need to be regularly checking, unless you have a program that monitors then for you. Best case scenario is that nothing happens, worst case scenarios are that the unpatched plug-in breaks your website or a security hole lets a hacker in .

Three Ss and a B

Security, Speed, Search Engine Optimisation (SEO) & Back-up

Security

WordPress Plug-in Menu

Your WordPress site needs to be secure so that hackers can’t break in and do their hacking thing. Which could be to use your website host malicious software and force it on the computers of all that visit. They might create pages with links to their web pages, or look to capture details identifying visitors to your site. Thankfully, there’s a plug-in that will fortify your WordPress website against attack.

Speed

Your website has to be fast. To stop people drifting away, your pages need to open within 3 seconds. Slower that that and people will not wait. Slower than that and Google may start to penalise your site by pushing it down in their search results pages. There’s a plug-in that will keep WordPress running as fast as possible.

Search Engine Optimisation

In order for your customers to be able to find you in Google (or Bing, or Yahoo or one of the other search engines) the search engines have to be able to understand what it is your website is offering. The discipline that enables the search engines to understand your website and hopefully put your site on Page 1 of the results is called Search Engine Optimisation. There’s a plug-in that makes it easy to search optimize your site – so long as you know what you are doing.

Back-up

Hopefully you regularly back-up your business data. Well, you also should be backing up your website too. If you make an editing mistake and break your site, you can restore a working version, if something else breaks your website then you can restore a working version and if you have a problem with your host then a back-up will make it relatively easy to move your site to a new host. Guess what, there’s a plug-in for that too

So, which are the best plug-ins to use?

I can’t tell you that because there are thousands of the things but I can tell you which are the first ones that I install and configure on every WP website that I work with, in my mind they are essential and should be installed before you even think about developing your WP website

4 free plug-ins every WordPress site should have

WordFence for security

WordFence is a security enhancer. It is an “endpoint” firewall which means it cannot be bypassed, unlike a Cloud Firewall. This means that everybody trying to access the admin area of your site (both you as the site admin and the bad guys – the hackers) have to get past WordFence first.

It defends against “brute force” attacks, where a hacker attempts to guess usernames and passwords and after a certain number of failed attempts (you set the limit) it blocks the attacker, effectively making your website invisible to them. WordFence keeps a blacklist of known hackers (by their IP address) and automatically blocks them. WordFence also sends you an email when one of your plug-ins requires updating, making plug-in management a whole lot easier.

It scans your WP files for malicious software and if you need even more functionality (most users won’t) then the Premium version is just $99

Learn more about WordFence

Updraft Plus – for back-ups

Updraft Plus is a back-up plugin for WP. Now that you have secured your site from external threats you should look to guard yourself from internal problems, accidentally deleted pages, server/host issues, and (in the unlikely event of an intrusion) issues caused by hacking and penetration. It could even be something as simple as a WP, or plug-in, upgrade that breaks your site

To do this you need to be making regular back-ups of your WP installation and your content. Updraft Plus will do this for you. You can set a schedule so if you want an automatic hourly, daily, weekly back-up you just set the plug-in and it does the rest. You can even save your back-up to your Google, Microsoft or one of many other Cloud accounts,

Should you need to restore your WP site, Updraft Plus makes this easy too.

Find out more about Updraft Plus

WP-Rocket – for speed

WP-Rocket is the only plug-in on this list that doesn’t have a free version. However, the cost for a single site won’t break the bank at just $39.

What WP-Rocket will do for your website is make it faster to open on a visitors computer.It uses a number of tools to achieve this. It compresses your site for faster transmission across the internet, it manages images so that the only images downloaded are those that are visible on screen, if allows a web browser to cache key elements of your site so that they don’t have to be reloaded every time a visitor navigates to a different page. You can see everything that WP-Rocket does here.

Yoast – for SEO

In order to stand a chance of being found on the internet, your website needs to be “Search Friendly” which means that Google, Bing, Yahoo, Duck Duck Go etc can find your site, visit all the important pages, understand what’s on offer and (hopefully) put your site on the first page of the search results when someone is looking for your products, goods or services.

However, WordPress doesn’t make it easy and this is where the YOAST plug-in comes in to play. As long as you understand the requirements for effective SEO then the YOAST plug-in makes it easy to implement key SEO requirements.

Find out more about YOAST

So, there you have it, four essential plug-ins for your website before you start working on the design, the look, the feel and your content and if you need more help with your website, no matter what CMS you are using, your SEO or digital marketing then all you have to do is pick up the phone and give me a call on 01793 238020 or send andy@enterprise-oms.co.uk an email

What information do I have to publish on my website?

Andy, checking out websites as part of his workAs you might imagine, I spend quite a lot of time looking at websites. I look at client sites to see what can be improved, I look at potential client sites to put bids and proposals together and I look for sites that I can prospect to. I also look at other sites to keep my knowledge up to date – and that’s just during the working day.

I see good sites, OK sites, indifferent sites and some real shockers but it does not matter how good (or how poor) the site, whether pennies, pounds or thousands was spent on the development loads miss out on the provision of basic information. A lot of which is a legal requirement when a business is using a website to promote themselves.

As an example, a lot of businesses provide a web form as a means of communication despite the fact that a lot of people don’t like forms – especially ones that ask for too much information. Part of the dislike is due to the fact that sending a form leaves no record of what was sent, nor when it was sent, unless it automatically forwards a copy to the senders email address but there’s no way to know this – until you’ve sent the form (unless the form actually informs you of this)

Gavel - representing a legal requirementThere was a piece of legislation passed in 2002 called the eCommerce Regulations that applied to ALL companies using the internet, not just those selling online and perhaps that’s why a lot of businesses don’t comply. Either that or it’s simply a lack of knowledge either within the organisation or by the web developer. Either way, ignorance of the law is no excuse – as the law says.

So, what does the law require you to publish in an “easily, permanently and directly available location” on your website?

Minimum information to be provided on your website

  • The name of your business, which might be different from the trading name and any difference MUST be explained. For example, ABC.co, is the trading name of ABC Enterprises Ltd.
  • The geographic address of the business must be provided
  • Your email address. A “Contact us” form without providing an email address is not sufficient
  • Your Company Registration Number, if yours is a Registered business, together with the place of registration
  • Your VAT Registration Number, if you are VAT registered
  • If you are subject to an overseeing body, such as the FCA, then you need to provide the governing agency AND your registration number.
  • Prices – if you are quoting prices (or selling) online your pricing should be clear, unambiguous and state whether prices are inclusive of tax and delivery costs, or not.

If you need help with compliance, or with anything else relating to your website or marketing activities then give me a call for an initial, free and zero obligation chat on 01793 238020 or email andy@enterprise-oms.co.uk

Do you use a .EU domain?

Brexit was always going to have problems and issues for businesses but none expected it to have an impact on business domain names.

Well, until Easter 2018 anyway, which was when a major problem for businesses was announced in well known and respected technology news site, The Register.

You probably chose your .EU domain for a really good reason, you want the world to know that either you are an EU-based business or your market is the EU, for example.

However, as a result of Brexit, the EU has announced that all .EU domains registered by UK businesses (and individuals) will be revoked on B-Day (Brexit Day) 31st March 2018

What this means is that if you are one of the 300,000 UK organisations or individuals who has registered a .EU domain you might well see your website disappear overnight.

Obviously, continental domain registrars may well take advantage of this, offering to take on your domain and “fix” the problem for a (presumably large) fee, but that also has issues. The European Commission has hinted it is unhappy with that arrangement too; they will no longer allow you to own an .eu domain (that’s their whole point), so you are putting yourself at some commercial risk (similar to not owning IP in any products you make), and the EU is legally bound to prefer “the good of the EU” in any contractual dispute. Thankfully though, there are alternatives:

What’s in a (domain) name?

It’s not just your web site that could be affected, your email system, security certificates for encryption and e-commerce, and possibly even remote access to company assets for sales staff might be impacted too.

It will vary, obviously, depending on how you are set up, but checking this now is very sensible.

Perhaps the best approach is to do two things

  1. Immediately register a suitable .UK domain, and
  2. Point your .EU web traffic to it as soon as possible.

You have a choice of .uk domain name, and you can still represent your EU connection in it, if that’s crucial. For example,

bloggs-transport.eu

might change to,

bloggs-transport-eu.uk

We realise this isn’t ideal, but the second name is safe as it can’t be affected by any disruption the EU Commission might cause. You would have normal rights to the name, under English law, and, if it’s done right, there’s almost a whole year for your clients to get used to your new URL. Thus the risk is minimised, and it becomes one aspect of Brexit that can’t hurt you further commercially.

If this change goes ahead—and this is much more likely than unlikely in our opinion—you have less than a year for clients to become used to the change. This isn’t something to hesitate over: the implication is that no redirection will be possible after 31st March 2019, so at that point your site will simply vanish off the internet. People may even think you’ve gone bust!

Right now, you have enough time for this NOT to become an expensive issue. The longer you leave this one, the more electronic business disruption is likely to cost you come Brexit day.

If you have a .eu domain and you are worried, please get in touch: 01793 238020 andy@enterprise-oms.co.uk, the fixes are mostly straightforward and inexpensive to implement (without disruption, if you act quickly enough).

007 in ‘For your GDPR Only’

MI6 headquartersWhen “M” has finished spymastering for the day, or pops out for a cheeky Nandos, we always see M locking the “Top Secret” files away in the office  safe. We know that’s so that no secrets will be discovered, even if an enemy spy (or the tea person) manages to gain access to the empty office.

In business, we need to be like “M”.

In a previous post I looked at Data Protection and the forthcoming General Data Protection Regulations (GDPR). However, I didn’t make it clear that the regulations don’t just apply to digital data stored on your IT systems and network but also apply to paper records too.

Anything that contains personal data, whether paper or digital, falls under the auspices of the Act, including the recordings from your CCTV cameras, phone systems (think “this call may be recorded for training purposes”) and biometric data – such as fingerprint or iris recognition systems used to unlock systems or grant access.

Keyboard with the word 'Privacy' overlaid

This means the files on your desk, the files in your filing cabinet, your paper archives as well as your electronic records, anything that includes personal data.

To start with, you need to ask yourself

  • Who has overall responsibility for the data you have and/or use?
  • What data are you holding, why are you holding it and where is it held?
  • Are your Privacy and Data Use Policies as good as they need to be?
  • How long do you need to keep data & how will you securely destroy it when you no longer need to keep it?
  • Who has legitimate access to it and who else can access it?
  • How secure is your building, your paper records and IT systems?
  • What happens out of normal business hours?
  • Can data be exported and removed without authorisation (to a USB key for example)?
  • Is your network connected to the internet and how secure is your connection?
  • Can your network be accessed remotely – is this secure?
  • Is your electronic data encrypted so, in the event of a breach, data cannot be accessed and used?
  • Can your network prevent unauthorised intrusion (hacking)?
  • How do you manage Subject Access Requests, (when someone requests to see the data you hold about them)?
  • How will you manage a data breach, whether it’s a hack, unauthorised file copy or unauthorised removal of paper records?

So, how can I help?

I can put you in touch with reliable IT companies and trusted partners 

  • Blob figure staring, "James Bond like" down the barrel of a gunthat will be able to inventory all of your IT and data assets.
  • who’ll test your network to see how secure it is and whether hackers are likely to be able to gain access
  • who will secure your network from external threats (hacking) and ensure that your remote access requirements are reliable, easy to use and secure.
  • who will help you secure your data inside the organisation and set things up so that only appropriately authorised employees can access the data they need to do their job and no more.
  • who will secure your network so that it’s almost impossible for data to be copied onto a USB key or external hard drive and removed from the organisation
  • who will put transparent encryption in place which means that it doesn’t slow anything down but is so strong that only GCHQ or the NSA would be likely to crack it.

Take the first step now, by giving me a call on 01793 238020 or emailing andy@enterprise-oms.co.uk to find out how I can help mitigate data security risks and start preparing for GDPR guidelines.

General Data Protection Regulation (GDPR)

Keyboard with the word 'Privacy' overlaidWhat is the GDPR?

The General Data Protection Regulation (GDPR) is the name given to the new law that will come into effect on 25 May 2018 to provide added protection and security to the data that businesses hold on, and about, individuals. It will replace the UK’s Data Protection Act (DPA).

At the end of this post you’ll find a simple glossary of terms for reference

Why do we need the GDPR?

There has been a huge change in the amount of data, and the way we use it, since the Data Protection Act came into effect 20 years ago.

Back then, a home PC was a rarity, now it’s pretty much the norm and households typically have multiple devices (PCs/laptops, phones, tablets, smart TVs and other internet connected devices) whilst the majority of businesses are totally reliant on IT and data.

As a consequence of these changes the laws relating to data needed updating and there was a strong drive to have common data protection laws across the EU due to the increased globalisation of business. Brexit will have no impact on the new regulations

What impact will the GDPR have on my business?

There will be a need to ensure that the way you collect, store, manage, use and destroy data is in compliance with the new regulations and there may be a requirement to employ new staff, outsource services or allocate new responsibilities to existing employees.

People & Accountability

Data Protection Officer

To comply with the new regulations you may need to allocate data protection responsibilities to employees or employ a new member of staff, depending on the size of your business and the data protection requirements placed on it. The following businesses MUST appoint a Data Protection Officer (DPO)

  • Public Authorities
  • Businesses whose core activities involve large scale systematic monitoring and profiling activities
  • Businesses whose core activities involve large scale processing of special categories of data such as ethnic origin, political opinions or religious beliefs

DPOs can be employed or outsourced but must report to the highest level of management.

Data Processors

Current law does not apply to pure data processors, i.e serviced providers who only deal with data as directed by their customer, only applying to data controllers. If you are a mailing house which accepts data from a client for producing mail shots (land mail or email) for example

GDPR introduces direct rules and accountabilities for data processors, including

  • Keeping records of data processed
  • Designating a Data Protection Office (where required)
  • Notifying the Data Controller where there has been a breach

Under GDPR, data controllers can only use data processors “providing sufficient guarantees to implement the appropriate technical and organisational measures so that the processing meets the requirements of GDPR and ensures the protection of the rights of data subjects

Accountability and the GDPR

Accountability is all about considering risks and demonstrating that you have considered, and managed, data protection risks. You will need to have clear policies in place to show that you meet the required standards and should establish a culture of monitoring, reviewing and assessing your data processing procedures

Privacy Impact Assessments

Businesses will be required to carry out a data protection impact assessment where carrying out any processes that use new technology that is likely to result in a high risk to data subjects, required in particular where there will be automated processing (including profiling) and on which decisions which affect the data subject and for large scale processing of personal data

Privacy By Design

Businesses must take data protection requirements into account from the inception of any new technology, product, or service, that involves the processing of personal data, with an ongoing requirement to keep those measures up to date.

Notification of Breach

The existing DPA requires an organisation to notify (register and pay a fee) the ICO that they will be processing personal data. This will no longer be a requirement under the GDPR, replaced by an obligation on the Data Controller and Data Processor to maintain detailed documentation, recording;

  • Processing records
  • Data location
  • Purpose of processing
  • Lists of data subjects
  • Categories of data
  • Security procedures

However, if you have fewer than 250 employees, the requirements are less onerous and you’ll only need to comply if your processing is “likely to result in high risk to individuals, the processing is not occasional, or includes sensitive personal data. However, because the processing of employee data is likely to involve sensitive personal data there will be an obligation on all organisations to maintain documentation, no matter what their size.

With the removal of registration and fee payment, the ICO loses their main source of income and this could make them keener to catch organisations in breach and fine them.

Under current  legislation there is no requirement to notify the ICO should you suffer a data security breach. This changes under the GDPR with the introduction of a requirement to report data security breaches to

  • Data Controllers (if a Data Processor breaches)
  • Regulators – if a Data Controller breaches and the result is a risk to the rights and freedoms of individuals – without undue delay (within 72 hours of discovery if feasible)
  • Affected Data Subjects – where the breach could leave them open to financial loss, for example. If the risk is high, this notification must be without undue delay.

When does the GDPR come in to law?

25 May 2018

Where will the GDPR apply?

Current data protection laws apply if you are located in the EU, or make use of equipment located in the EU, such as servers. The GDPR applies whether or not you are located in an EU country – it applies if you offer goods or services to EU residents or if you monitor their behavior.

If you want to transfer data beyond the EU (if you use a server based in the US to do your email marketing, for example) you need to ensure that the destination country has been recognised as having “adequate or equivalent” data protection regulations and you will have to ensure that suitable safeguards are in place to ensure the protection and security of the data you are transferring.

What happens if I don’t comply with the GDPR?

Currently, fines across the EU for a Data Protection Breach vary greatly with the UK having a maximum fine of £500,000 for a breach of the DPA.

One of the goals of the GDPR is to ensure that fines are consistent across national borders and to impose a significant increase in fines to emphasize the importance of good data management and security.

The new fines are to be split across two tiers

  • Up to 2% of annual, worldwide, turnover of the preceding financial year or EU10m (whichever is the greater) for violations relating to internal record keeping, data processor contracts, data security and breach notification, data protection officers and data protection by design and default
  • Up to 4% of annual, worldwide, turnover of the preceding financial year or EU20m (whichever is the greater) for violations relating to breaches of the data protection principles, conditions for consent, data subjects rights and international data transfers

The Information Commissioner’s Office (ICO) will also have increased enforcement powers and grounds for seeking judicial remedies under the GDPR, including a power to carry out audits and to require (demand)  information to be provided and obtain access to premises

Practical Steps to prepare for the GDPR

  • Ensure that you have the resources to plan and implement GDPR requirements
  • Identify all existing data systems and the personal data processed
  • Review existing compliance programs and update/expand as required to meet the requirements of GDPR
  • Ensure you have clear records of all data processing activities and that the records are available
  • When using Data Processors, ensure you include terms in your agreement relating to immediate notification of any data breach.
  • Develop and implement a data breach response plan and have templated notifications so that staff can act promptly
  • Put internal reporting procedures in place, have an internal breach register and train staff on notification and use
  • Ensure that you have sufficient resources to implement required changes
  • Consider appointing a DPO
  • Assess whether the organisation uses consent to justify processing
  • Develop, and implement, a policy on data storage and retention
  • Review contractual arrangements with Data Processors
  • Consider Data Protection when developing new technologies, services and goods and keep clear records
  • Ensure all policies and procedures are available and written in clear, concise and easily understood language
  • Consider how you will gain consent for the use of the ata you hold, and use, for advertising, marketing and/or social media
  • Examine your Privacy notices now and start updating them
  • Review privacy notices and other “fair processing” information given to employees
  • Review employment contracts, handbooks and policies. Is contractual “consent” sought?
  • Ensure that you can respond to Subject Access Requests within 1 month (no admin fee will apply under GDPR)
  • Train staff on data protection responsibilities

Summary

The GDPR will have a wide reaching impact on most businesses, both large and small, which make use of data within the organisation.

Within the GDPR there are many undefined phrases, such as what counts as “large scale” and what is “new technology” and it is likely that these will only be determined as part of case law i.e. when a company is prosecuted for a suspected breach and their defence (or prosecution) need an accurate description of such terms.

It is likely that things will change as we get closer to implementation. However, you should start your preparation as soon as possible and the ICO has published a useful leaflet called “12 Steps to Take Now” which provides more helpful advice.

Disclaimer

I’m a digital marketing and SEO professional, not a legal practice. As a consequence, this should be used as a guide to the GDPR and legal support sought to ensure that your business is in compliance.

Glossary of Data Protection and GDPR Terms

  • Consent – Permission to collect, store and use personal data
  • Data Controller – A person, or persons, determined the purposes for which, and the manner in which any personal data are, or are to be, processed
  • Data Portability – The ability to move data from organisation to organisation, or across nation states
  • DPA – Data Protection Act, the regulations that the GDPR replaces
  • Data Processor – Any person who processes data on behalf of the data controller
  • Data Protection Officer – Person responsible for the oversight of organisational data protection strategy and implementation to ensure compliance with the GDPR
  • Data subject – The person to whom a data set relates (you and I)
  • GDPR – General Data Protection Regulations. The name given to the new regulations relating to the way we collect, store, use and destroy data
  • ICO – Information Commissioner’s Office – body responsible for upholding GDPR
  • Personal Data – anything clearly seen as personal, including name, address, phone number but also including IP addresses, cookie identifiers and UDID (Unique device Identifiers). Expressions of opinion about an individual also count as personal data so you need to be careful what you say about colleagues or clients in emails
  • Right to be Forgotten – The right to request the complete deletion of all personal data.
  • Subject Access Request – A request that an individual can make to find out the data that an organisation has relating to them.

How much did your last cup of coffee cost?

Nice cup of coffee

Imagine the scene, you’re between meetings and decide to drop in to your favourite coffee shop for a steaming hot cup of your favourite coffee, a cake and to tap into their Wi-Fi to read your emails, refresh your knowledge in time for your next meeting or simply to surf the web.

Then the urge hits, you look around and see that everybody seems respectable enough so you you head off to the toilet thinking that your laptop is safe on the table. After all, nobody would lift it in sight of all those customers, staff and CCTV cameras would they?

Laptop tracking service provider, Prey, found that areas offering free Wi-Fi were the second most common target for opportunistic laptop thefts, the only riskier place being left in a visible place in your car.

Open Laptop

If stolen, it’s not only the inconvenience of replacing the laptop, re-installing your applications and copying back your data [you do back-up your data don’t you?] it’s the additional costs that are not covered by your insurance.

The Ponemon Institute, a US cyber crime consultancy, put the real cost of the loss of a laptop and it’s data at nearly £31,000. This was broken down in to £4,000 for the loss of Intellectual Property, forensics and legal bills adding around £1,500 with a staggering £24,500 attributable to the loss of income, customers and competitive advantage associated with a data breach

SPOOF HOTSPOT


When you sit down and try to log-on to the Wi-Fi there’s often a selection of hotspots to choose from. How do you know which is the free service provided by the venue and which is a spoof.

It’s very easy to set up a Wi-Fi hotspot using a mobile phone, Mi-Fi type of device or laptop and allow other users to connect through this free connection. However, all of the traffic can then be intercepted by the person providing the spoof account. What sort of important information is passed from your laptop through this connection? It could be your details to access your online banking, the log-in to your company network or the necessary information required to access your corporate email account.

So, the next time you stop off for a cup of coffee and decide to log-on using their free Wi-Fi, just make sure you know which network that you’re connecting to and that you don’t leave your laptop unattended.

And if you’re in need of help, then just give me a call on 01793 238020 or send an email to andy@enterprise-oms.co.uk