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GDPR: what changes for the ho.re.ca industry?
The General Data Protection Regulation (GDPR) will enter into force starting May 25th 2018 and replaces the current Data Protection Directive, issued in 1995. The fundamental principles of privacy and data protection have not changed; but the new regulation takes into account the changes caused by digitalization and applies in all EU countries. The most innovative aspects that characterize the new legislation are multiple:
If a company transfers data of European citizens to a country outside the EU, for example in the U.S., the organizations or companies that process such data will have to comply with GDPR. Indeed, the new rules, protect data of European citizens and apply to all companies that process or manage such data, regardless of the country in which they have their registered office or where data is processed.
Expensive fines will be introduced for companies that do not comply with the regulation, sanctions can reach 4% of the global annual turnover or 20 million euros. In which cases will companies be subject to fines? For example, if they do not implement adequate policies to request data processing consent or if they violate the principles underlying the concept of "Privacy by Design".
Privacy by Design
According to GDPR, data protection must not represent an additional component but relate to the design of systems. This means that any project must be developed taking into account confidentiality and protection of personal data from the start.
Companies that collect or process personal data must explicitly explain to users, all the conditions that regulate the collection and processing of such data and it is mandatory to declare how the requested data will be processed.
Increase in rights of data holders
Citizens will be able to exercise the right to request the cancellation of their data from the database of institutions and companies and the right of access to such information or the possibility to inquire about who is collecting their personal data and for what purposes. Furthermore, upon request, the company can be required to provide within 30 days to the data owner an electronic copy of the data in his possession.
Mandatory notifications of violations
The companies that hold personal data must communicate within 72 hours, both to customers and to the data controller, the occurrence of violations that could expose personal information of data owners
What does this mean for hoteliers and restaurateurs?
Before understanding in detail how hospitality entrepreneurs must comply with these rules, the new figures introduced by the European regulation must be explained: Data Controller and Data Processor:
The data controller determines the purposes for which and the means by which personal data is processed.
The data processor processes personal data only on behalf of the controller.
In summary, according to GDPR, the Data Controller is any company or organization that holds the personal data of European Union citizens - personal data means all information, including the name of your customers.
The Data Processor is instead the company or organization that deals with the processing and storage of this personal data on behalf of the Data Controller.
Applied to a real case reality: the Data Controller is the hotelier / restaurateur that owns customers’ personal data, while the Data Processor is Ericsoft, the company that provides the PMS software with which data are collected and processed.
Hotels and restaurants collect a lot of data from their customers, from their preferences in terms of stay to food allergies, we will analyze in detail how the legislation affects the data collected by accommodation facilities (examples are also applicable in the catering sector).
Guests staying at the property, provide different types of data to the hotel: in addition to personal information, they can also share more information on their consumption habits and preferences, which will be collected by the CRM (if the hotel has one) to be used in future marketing campaigns.
By controlling the collection, storage, processing and sharing of personal data, the new regulation wants to ensure that this data is managed correctly and in full respect of data holders. To be in line with the principles of the new regulation:
- the host, or data owner, must have given consent for the collection and processing of his personal data for one or more specific purposes clearly and explicitly stated by the hotel, or the hotel must demonstrate that the processing of such data is necessary to fulfill a legal obligation or to complete an action, as in the case of check in, where the consent for personal data collection and processing is implicit (it is considered as already provided during the booking phase);
- the hotel must be able to demonstrate that the guest has given his consent to the processing of his data explicitly and actively. For example, the subscription to a newsletter must include a checkbox, deselected by default, that the user must check to register his request;
- it is forbidden to process personal data concerning: racial or ethnic origin, political opinions, religious, philosophical and political beliefs, data related to the health issues, genetic data and sexual orientation of the individual;
- the guest has the right to obtain the cancellation of his personal data and the data controller will therefore have be forced to delete such data;
- the guest has the right to receive a copy of the personal data collected by the data controller (hotel) in a structured way, using a common format readable by automatic devices;
We have been creating complete and highly specialized technological solutions for the hospitality industry since 1995.
Having an exclusive focus on a single industry, our investments have always been entirely dedicated to the development of our software and innovative applications for hotel and restaurant management.
The experience gained over the years, together with what we acquire on a daily basis by being in contact with hospitality professionals, allows us to understand the real needs of the sector and to develop, based on new market trends and regulations, flexible and scalable solutions that can be customized according to the needs of each property, from independent ones to chains.
INFORMATION about the processing of personal data
Arts. 12 et seq of Regulation (EU) 2016/679 (GDPR)
Subject: information about the processing of personal data pursuant to arts. 12 et seq of Regulation (EU)
Introduction - Regulation (EU) 2016/679 («General Data Protection Regulation»), hereinafter GDPR) provides safeguards for natural persons with regard to the processing of their personal data. In accordance with the above legislation, the processing of personal data that refers to an identified or identifiable natural person, being the “data subject”, is based on the principles of correctness, legality and transparency, as well as the protection of confidentiality and the rights of the data subject.
This information is provided in compliance with the above Regulation to inform you that, with regard to your customer relationship with our organization, we hold certain data about you that was acquired, verbally or in writing, either directly or via third parties that carry out operations concerning you or that, in response to your requests, acquire information and provide it to us.
Pursuant to the GDPR, this information must be treated as “personal data” since it relates to you and must therefore benefit from the protection provided by the above Regulation. More specifically, in accordance with the Regulation, you are the data subject who benefits from the rights that safeguard your personal data.
Pursuant to arts. 12 et seq of the GDPR, as the Controller, our organization will process the personal data provided by you with the utmost care in compliance with the Regulation, implementing effective operational procedures and processes in order to guarantee the safeguards that protect the processing of your personal data. For this purpose, using material and operational procedures to safeguard the collected data, we undertake to protect the information provided, in order to avoid unauthorized access and disclosure, maintain the accuracy of the data and guarantee its appropriate use.
Consistent with this introduction, the following information is provided:
Collected personal data - Our organization, as the Controller, uses your personal data to carry on our business activities in the best possible manner.
You may be requested to provided some or all of the following data:
Length of time that your data will be retained - The collected data will be retained for the entire duration of the relationship or collaboration with our organization, and for 10 years after the end of the relationship. If during the contract period, data is processed that is not relevant to the administrative-accounting obligations arising under the contract, such data will be retained for the time necessary to achieve the purposes for which it was collected, and then deleted. You will be given specific information about the length of time that your data will be retained when the data is collected.
Mandatory or optional nature of providing data and consequences of refusal – The essential data needed to execute the contract must be provided to us, together with the data required to fulfill legal, regulatory and EU legislation obligations, as well as instructions from competent authorities and supervisory and control bodies.
Non-essential data, not required for execution of the contractual relationship, must be identified and considered additional information whose provision, if requested, is optional. Your refusal to provide such data would however mean that our organization will be less efficient when dealing with third parties.
Should "data that is sensitive or whose processing is subject to specific risks” be needed in order to carry out the contract, provide specific services or fulfill legal obligations, the provision of such data will be mandatory and, since it can only be processed following written consent from the data subject, you will have to give consent for its processing.
Methods of processing – Pursuant and consequent to arts. 12 et seq GDPR, the personal data that you provide will be recorded, processed and retained in our hard-copy and electronic files, in compliance with the adequate technical and organizational measures specified in art. 32 GDPR. The processing of your personal data may consist in any operation or series of operations described in art. 4, para. 1, point 2 GDPR. Personal data will be processed using suitable tools and procedures that guarantee security and confidentiality. Such processing may be carried out directly and/or via delegated third parties, both manually using hard-copy support and electronically using IT equipment and other instruments. In order to manage properly the relationship and fulfill legal obligations, personal data may be included in the internal documentation of the Controller and, if necessary, in the documents and registers required by law.
Activities which may be entrusted to external parties - When carrying out our activities as the Data Controller, we may occasionally request other operators to perform certain services on our behalf, such as processing or other services; services needed in order to carry out requested operations or activities; shipments and deliveries; accounting registrations; administrative activities. If the operator appointed by the Controller to carry out certain activities is a company that provides payment, tax collection and treasury management, banking and financial brokerage services, the following services may also be supplied: mass processing of payments, notes, checks and other securities; sending, placing in envelopes, transportation and sorting of communications; filing of documents; identification of financial risks; control of fraud; credit collection. The above operators will only be given the information needed to provide the requested services. They will be required to maintain confidentiality and forbidden to use the data provided for purposes other than those agreed. Operators that are not persons in our organization tasked with processing personal data will be appointed as Data Processors (pursuant to art. 28 GDPR) and will process the data to the extent strictly necessary in order to provide the requested service and solely for that purpose, guaranteeing that their persons tasked with processing have signed a confidentiality agreement. For any matters not indicated herein, these operators must provide specific information about the processing of personal data carried out by them.
Transfer abroad of personal data - The data provided by you will only be processed in Italy. If during the contractual relationship your data is processed in a non-EU State, your rights under EU legislation will be guaranteed and you will be informed on a timely basis.
Purposes of processing your personal data - The main purpose for which our organization will process your personal data is to enable the relationship described in the introduction to become established and/or develop, as well as to ensure that it is administered correctly.
In particular, the following purposes of processing are identified:
Personal data will be processed to fulfill legal obligations, as well as the administrative, insurance and tax obligations envisaged under current legislation, to satisfy accounting and commercial needs, and to fulfill in a timely manner the contractual and legal obligations deriving from the contractual relationship with the data subject. The data provided may also be used to contact the data subject in the context of market research relating to the products or services, or in the context of commercial campaigns or offers. The data subject is free, in all cases, to refuse consent for such purposes and also to specify the manner in which to be contacted or to receive commercial information.
Extent of knowledge of your data - The following categories of data processors or persons tasked with processing by our organization may become aware of your data:
Personal data may also become known by parties that have agreements with us, as indicated in the section entitled “Methods of processing”. We may delegate the fulfillment of certain obligations or deeds to such parties, for the purpose of executing the contractual relationship with the data subject.
Communication and dissemination - Our organization may communicate your data externally, i.e. make it known to one or more specific parties, in order to fulfill all required legal and/or contractual obligations. In particular, your data may be communicated to:
We may communicate your data:
In all cases, your data will only be communicated to operators in order to contribute to fulfillment of the contractual relations that may arise with the data subjects concerned.
Dissemination - We will not disseminate your data indiscriminately, i.e. we will not make it known to unspecified subjects, or make it available for use or consultation.
Trust and confidentiality - We recognize the importance of the trust shown by data subjects who consent to the processing of their personal data and, therefore, we undertake not to sell, hire or rent such personal information to others.
Any debt collection activities and/or communication of omitted payments – Following the signing of the contract for the provision of services, our organization may use the contact details you provide (in particular phone number and email address) in order to undertake reminder activities with reference to debt collection and omitted payments. These communications can be made via email, certified mail, phone call, SMS and WhatsApp. The contact data collected for the purpose of this paragraph will be kept for the entire duration of the relationship or collabration with our organization and in any case until the balance of all payments due on the aforementioned contract.
Rights pursuant to arts. 15 et seq GDPR - Pursuant to art. 15 GDPR, you are entitled to obtain confirmation of whether or not your personal data has been processed, even if the results have not yet been recorded. Exercise of this right depends on verification of the identity of the data subject, by presentation of an identity document that will not be retained by our organization, but merely checked to verify the legitimacy of the request.
You are entitled to access to your personal data and the following information:
If the data is transferred to another country or to an international organization, you are entitled to be informed about the existence of adequate guarantees pursuant to art. 46 GDPR.
You are entitled to request the controller to amend or delete your personal data, in whole or in part, or to restrict the processing of your personal data or to object, in whole or in part, to its processing.
To exercise these rights, contact the “Data Controller” for our organization at via Adriatica n.62 – 47843 Misano Adriatico or call +390541604894 or write to the email@example.com. The Controller will respond within 30 days of receiving your formal request.
If your rights concerning your personal data are infringed, you may complain to the competent authority:
“Guarantor for the protection of personal data - Garante”.
Identification details of the Data Controller and, if appointed, the Representative in the territory of the State and the Data Processor.
Controller - This organization is the Controller of processing: ERICSOFT ITALIA SRL with registered offices at via Adriatica n.62 – 47843 Misano Adriatico; Tel: +39 0541604894; fax: 0541604862; certified e-mail address: firstname.lastname@example.org; e-mail: email@example.com.
Data Protection Manager – The Data Protection Manager is Mario Brocca, who can be contacted at +39
0371/5943191 - firstname.lastname@example.org – email@example.com
Data Processors - The Data Processors are external firms with which contractual relations have been established, and which need your personal data in order to fulfill those agreements.
Each data subject may send a letter to the Data Controller, at the above address, requesting information about any Data Processors that have been appointed and to be informed about any persons appointed to perform that function in future.
Please note that the above Data Processors are not responsible for fulfilling requests from data subjects to exercise their rights pursuant to arts. 15 et seq GDPR. That activity is carried out exclusively by this organization as the Data Controller.
Representative in the territory of the State - Pursuant to art. 4, para. 1, point 17 GDPR, it is confirmed that none of the related circumstances envisaged in the Regulation are applicable and that, accordingly, our organization has not appointed any Representatives in the territory of the State for the purpose of applying the regulations that govern the processing of personal data.
Processing without need for consent from the data subject - Even without your consent, this organization is entitled to process your personal data should it be necessary in order to:
Furthermore, your express consent is not required when the processing:
Il TITOLARE del Trattamento
ERICSOFT ITALIA SRL
helpdesk: 365 days a year
from 8:00am to 8:00pm
Offices: from Monday to Friday
from 09:00am to 01:00pm and from 02:30pm to 06:00pm
Address: S.S. Adriatica 62, Misano Adriatico (RN)