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Jersey Consumer Council

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GDPR – What is it all about?

April 23, 2018 Consumer Skills, Top tips No Comments

General Data Protection Regulations will drastically change the way businesses can collect, store and protect the personal information of their customers, clients, and even visitors to a website.

GDPR defines personal data as anything that can be used to directly or indirectly identify the person. Names, photos, email addresses, bank details, posts on social networking websites, medical information or IP addresses.

It is a Europe-wide set of data protection laws designed to harmonise data privacy practice across Europe. The emphasis is on protecting citizens and their data, and giving users more information about and control over how it’s used. The new regulations will come into force by May 2018.

It should be noted that whilst aspects of the GDPR are new, many of the requirements build upon the existing Data Protection legislative framework.

This means it will cover all of our personal information collected and used by businesses.

CONSUMER ESSENTIALS before you give YOUR information look for the PRIVACY NOTICE – businesses must be able to tell you about why and how they intend to use your information.   Plus, you will be expected to CONSENT to the use of your information. In terms of consent, consent is one of a number of lawful bases for processing and it may be that organisations do not always need consent to process consumer’s data. In cases where they rely on consent, then that consent will need to be a positive, affirmative and unambiguous action confirming consent on the part of the consumer.

The law gives all of us INDIVIDUAL RIGHTS in relation to our personal information and these are detailed below.

Businesses failing to look after our personal information according to the law face a tougher ENFORCEMENT approach by the Data Protection Authority. See below.

Privacy Notices

Empowering individuals by being transparent and clear about how their data are going to be processed, and by whom, is a key element of compliance with the GDPR.   At every point at which personal data are collected, whether that is from your clients, staff or others, review how you intend to provide the following at the time of collection:

  • Purpose of and legal basis for processing;
  • Recipients of the data;
  • Any third countries data are transferred to and safeguards in place;
  • Data retention periods;
  • The existence of individual’s rights;
  • Right to withdraw consent where provided;
  • Data Protection Officer’s contact details;
  • Whether data provision has statutory or contractual basis;
  • Details where the legitimate interest condition has been relied upon

Consent

The GDPR considers consent an important part of ensuring individuals have control and an understanding of how their data are to be processed.

  • Consent must be:
    • Freely given
    • Specific
    • Informed
    • Unambiguous
  • There has to be a positive indication of agreement.
  • Consent as a basis for processing gives individuals stronger rights.
  • Data controllers must be able to evidence consent was given.
  • Parental consent to process children’s† data on the internet. With regards to children’s consent, this is only required for ‘information society services’ (i.e. paid for internet services) and our law says parental consent is required for a child under 13 years, unless the data has been pseudonymised i.e. meaning that for example a name is replaced with a unique number to render the data record less identifying.

 the legal definition of a child will be determined at the law drafting stage with the upper age limit required to be within the range of 13-16 years

Individual’s Rights

Individual’s rights are enhanced and extended in a number of important areas. They include:

  • A right of access to data (Subject Access);
  • A right for the correction of data where inaccuracies have been identified;
  • A right to require the erasure of personal data, in certain circumstances (often referred to as the ‘right to be forgotten’);
  • A right to prevent direct marketing;
  • Control over automated decision making & profiling;
  • A right to data portability between controllers

Penalties and Data Breaches

The GDPR provides for a tougher enforcement approach by the Data Protection Authority including the ability to impose significant fines.

  • Data breaches must be reported to Data Protection Authority within 72 hours of discovery
  • Individuals impacted should be told where there exists a high risk to their rights and freedoms e.g. identity theft, personal safety
  • Fines can be issued up to €10 million under the Jersey Law
  • Data Protection Authority can issue reprimands, warnings and bans as well as fines.

For more information please see;

https://oicjersey.org/data-protection-new-law/

https://thinkgdpr.org/overview/


Christmas Planner

November 29, 2016 Christmas Top Tips, Top tips No Comments

Christmas Time

Do you feel under pressure and tempted to spend money that you cannot afford at Christmas? To help you stay within your budget, the Consumer Council has put together a food and present planner.

If you use this or any planner, you are less likely to exceed your budget, and your money should go further.

Can’t print it? We can pop a copy in the post to you. Please call on 611161 or email us at jcc@jerseyconsumercouncil.org.je

Read more…


Christmas Puddings & Pricewatch

November 14, 2016 Home life, Top tips No Comments

Having found our Mince Pie tasting in 2015 so revealing we decided to put Christmas Puddings to the taste and price test this year. Taste testers helped us from Citizens Advice Jersey, Trading Standards, the Channel Island Competition and Regulatory Authorities and 4insight, a local Market Reserach Company. Our 5 testers (we had two testers from Trading Standards as one was an entrant to the Great British Bake off 2015) each tester could award a maximum of 25 points per pudding; the clear winner was the most expensive of our pudding purchases.

The testers noted that the complexity of microwave cooking such as microwave for 2 minutes, rest for a minute, cook for 40 seconds and then rest again seemed to have benefits when it comes to the final texture. Detailed below are the scores from the ‘blind’ tasting. Now it is your turn to see if you agree with our testers!

Puddings Tested…full results will be published week commencing 28th November in our all island newsletter.

Brand of Christmas Pudding
Coop
Christmas Pudding
Irresistible Rich & Fruity
Marks & Spencer
Classic Recipe Pudding
The Collection Intensely Fruity
Tesco Alliance
Tesco Finest Pudding
Tesco Christmas Pudding
Waitrose
Essential Cider & Sherry
6 Month Matured

Trading Standards & Consumer Council Top Ten for Christmas

November 3, 2016 Christmas Top Tips, Consumer Skills, Home life, Money Matters, Top tips No Comments

Settle down with a warm drink and peruse our Christmas survival tips…ranging from call out charges to buying on line and the risks of fake products.

  1. Buying Online

In most cases if you shop online with a Jersey, UK or EU trader you have a right to cancel and receive a full refund, even if you just don’t like the goods or have simply changed your mind.

This is in addition to your normal statutory rights. There are some exceptions and time limits apply. Check it out before you buy. Extra tips here… http://www.jerseyconsumercouncil.org.je/consumer-skills/shopping-online/

 

  1. Product Safety

Be safe this Christmas. Follow the instructions and appropriate warnings. Make sure toys are CE marked and follow the intended age warnings.

 

  1. Know who you are buying from

If you are shopping online make sure you know who and where the trader is based. For example don’t assume you are buying from Amazon when you may be buying from an Amazon seller outside the EU.

Your goods may not comply with European safety standards, they may take a long time to arrive and the cost of returning them may be uneconomical.

 

  1.  Fakes


Don’t be tempted to buy really cheap branded goods online. Electrical goods may be a fire or electrical shock hazard and perfumes and cosmetics may contain harmful substances.

 

  1. Additional Protection

You get additional protection when you buy goods or services over £100 if you paid using your credit card. If something goes wrong and the trader won’t help, the credit card company may have to step in.

 

  1. Christmas Loans

If you have to borrow money, make sure they are a reputable lender. Do you understand exactly what you are signing up to and what will happen if your financial situation gets worse? Is the lender a subscriber to the Jersey Code of Consumer Lending?  See www.gov.je/tradingstandards/consumerlending

 

  1. Call out Charges

If you have to call out a tradesman for an emergency repair during this festive season make sure you know what the ‘call out’ or ‘minimum charge’ will be before you agree. Make sure you both understand what work will be carried out, what it will cost (or how it will be calculated) and when and how the trader expects payment.

 

  1. Faulty Goods

You have statutory rights if goods are faulty or not fit for purpose. Try to keep gift receipts as it will help if things go wrong and don’t delay in complaining.

 

  1. Unwanted Gifts

Your statutory rights do not apply if you simply changed your mind. Check out the store’s returns policy before you buy. Remember if you bought online, you may have additional rights.

 

  1. Recall and Safety Notices

Trading Standards publish product recalls and safety warnings. To sign up for notifications, visit www.mygov.je

You can select the category of goods you are interested in, for example food, toys, electrical goods and nursery products.

 

Finally, do you know where to get help? Trading Standards offer a free and confidential Consumer Advice Service. The drop in service is located under the clock in the Central Market. 
You don’t need an appointment. Alternatively you can call on 448160 or email tradingstandards@gov.je


Holiday fraud: look before you book

April 20, 2016 Consumer Skills, Home life, Insurances, Money Matters, Scams, Top tips, Travel and Transport No Comments

Holiday fraud: look before you book

Get Safe Online is joining forces today with ABTA (the UK’s leading travel association), Action Fraud and the National Fraud Intelligence Bureau (NFIB) to warn you about the dangers posed by holiday booking fraud. Anyone booking a holiday either in the UK or abroad is at risk.

For information and advice on safe holiday and travel booking, click here

 

We all look forward to our holidays, and often they can cost a considerable amount of money, which most of us simply cannot afford to lose. Unfortunately, more and more people are being affected by holiday fraud, which means that not only do you not get your holiday … you normally end up losing your money too. The holiday, accommodation or flight they paid for doesn’t exist, or the booking hasn’t been made.

Read More

10 Top Tips Data Roaming

March 17, 2016 Telecommunications, Top tips No Comments

10 Top Tips

GET YOUR PHONE SORTED TO AVOID DATA ROAMING BILL SHOCKS

Check roaming prices and bolt-on solutions
with your mobile network
before you travel
.
Most operators will offer these, but check when it
commences –
it cannot be retrospective

Read More…


Staying Secure at Cashpoints

October 26, 2015 Banking, Top tips No Comments

Staying Secure at Cashpoints

LINK is the UK’s cash machine network, providing you with access to your cash. The number of free machines is at an all time high, and to help you manage your money effectively you can also check your balance free of charge at any LINK machine.

Despite some recent high-profile incidents, cash machine crime is very uncommon. LINK have provided a number of simple steps which all cardholders can take to help fight ATM crime :

Read More

Credit Ratings

October 23, 2015 Banking, Top tips No Comments

Credit rating – what’s the score?

The importance of your credit history is not overrated. Your credit history information is of interest to a lot of people. A bad credit history can make it harder for you to obtain loans and even a mobile phone contract. Landlords and potential employers can and will also look at your credit history report.

Banks have changed the way they decide to lend money since the financial crisis. Essentially, the lenders now want to take fewer risks with their cash.

Basically, being granted a credit facility enables you to repay over a set term usually having interest added and paid back with the initial advance on a monthly basis.

Read More

Employing Tradesman

October 23, 2015 Consumer Skills, Top tips No Comments

Employing Tradesman

Top Tips for Employing a … Builder or Tradesman

Having building, general maintenance or home improvement work done can be difficult and stressful. But there are certain things you can do before you employ a builder or any tradesmen to try and make sure the job goes as smoothly as possible. It is important that you develop a positive and honest relationship with those undertaking work for you; the tips listed below will help you achieve that. Do not be afraid to ask lots of questions, do your research and know exactly what work has been agreed to be done and for what price.

If you are undertaking minor maintenance or repair work requiring the services of a plumber or electrician, for example, some of the points below are still of benefit to follow before making your decision.

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Top Tips for Avoiding Scams

October 23, 2015 Scams, Top tips No Comments

Dealing with Scams

Top tips for dealing with SCAMS

  1. If it sounds too good to be true it probably is.
  2. It you haven’t bought a ticket – you can’t win it.
  3. You shouldn’t have to pay anything to get a prize.
  4. If in doubt, don’t reply. Bin it, delete it or hang up.
Read More