Alex Bernatsky

What is the GDPR regulation? Facts and fables in a row

2021-04-22T08:20:26.764Z

The GDPR Regulation or AVG will come into force in the Netherlands on May 25, 2018. This regulation ensures that the same privacy rules apply throughout Europe. This law has many consequences for everyone who does business (online). Especially since the Netherlands is one of the last countries to implement these regulations, it is urgent. In this article we explain what the GDPR or AVG is, what you need to do to be prepared, what the consequences are if you do not comply with the regulation and what myths are circulating. After you have read this article, you can quickly get to work to comply with the GDPR. So read on quickly!

GDPR and AVG, what are these regulations?
There has been discussion about privacy on the Internet for a long(er) time. Until now, each country was allowed to decide for itself how to regulate the privacy of its citizens, but as of May 25, 2018, this is over, because then the GDPR comes into force across Europe. GDPR stands for General Data Protection Regulation. This regulation has been renamed for the Netherlands as General Data Protection Regulation (AVG). The Data Protection Act, which currently regulates the privacy of Dutch citizens, will expire on May 25. The AVG leaves room for countries to fill in things themselves, this is regulated in the Netherlands in the Implementation Act AVG.

How do I know whether the GDPR or AVG applies to me?
Your personal data must be protected everywhere within the European Union. So the protection applies to everyone. Whether you as a business owner need to provide protection depends on a few factors. The following four questions will help you determine this:

Do you process data?
Are these data personal data?
Do you process the personal data in whole or in part in an automated way, are these data included in a file or are they intended for this purpose?
Does your data processing fall within the regulation?
If you can answer 'yes' to these four questions, you are subject to the GDPR. If you have determined that this is so, you need to ask yourself whether you are a processor or a data controller. In a simple example, if you ask for customer name and address information on the site you are a processor, if you have Google Analytics installed then you are a data controller, as Google may process personal data from your site.

If you process data yourself you need to take a number of steps (see below). If you let someone else process data you have to enter into a so-called processing agreement.

What does the GDPR mean for me as an internet entrepreneur?
The idea behind the GDPR regulation is that consumers are and remain in charge of their own personal data. To ensure this, a number of rights have been defined for those whose data is used. In addition, there are a number of conditions for the processor.

The rights of the person in the GDPR regulation
The rights of the person whose data is collected are defined in 10 rules:

1.The right to information about the processing;
2.The right to access his or her data;
3.The right to correct inaccurate data;
4.The right to erasure of data;
5.the right to be forgotten;
6.the right to restriction of data processing;
7.the right to object to the data processing;
8.the right to transfer his or her data;
9.the right to withdraw consent to data use;
10.the right not to be subject to automated decision-making.

If someone invokes such a right, you must comply with it (with a few exceptions) within one month. You have the choice between refusing the request and giving reasons or supplying the data. If you communicate this within a month, you may take an additional 2 months to get the data. You may not charge for the request. In short, if you are not prepared, such a request can be an expensive 'joke'.
In addition, you may not just ask for personal data. This is subject to obligations.

The obligations of the processor under the GDPR
If you collect personal data you also have a number of obligations, for example you must:

1.Indicate which company is collecting the data under the GDPR regulation, who the contact person is and provide the details for reaching that contact person;
2.Explain the purpose for which you are collecting the personal data;
Explain why (on what basis) you are collecting the data and explain that basis;
3.Indicate whether you receive the data;
4.Explain whether the data will be provided to 'third countries' (countries outside the EU);
5.Explain what guarantees have been obtained for the provision of data and whether these guarantees can be inspected;
6.To indicate how long the data provided will be retained;
7.Clearly state what rights the party providing the data has;
8.Explaining that the provider has the right to submit a complaint about the processing to the Personal Data Authority;
9.Make clear how any automatic decision-making based on that data is regulated.
Myths about the GDPR regulation or AVG

1.The GDPR regulation will be introduced from 25 May 2018.
This is not true, the GDPR has already entered into force on April 27, 2016. Until May 25, a transitional arrangement applies and the Dutch law is still valid. After that, it will not;
2.It thus becomes impossible to work with parties from outside the EU!
The GDPR regulation only applies in Europe. Foreign collectors of data, such as Google or Facebook therefore have little to do with these regulations. Therefore, they will not want to make GDPR agreements with every website owner. The rumor is that you can get into trouble if you do work with Google Analytics, for example. This is not true. The European Union understands that you are not a party that can impose your will on Google. That is why they negotiate on behalf of all website owners. This also applies to other players from outside the EU. As long as you can show that your policy is in order, you have done everything to comply with the GDPR and did not know or should have known that data would be misused, it is allowed to work with those processors;
3.Cold acquisition or direct mailing is prohibited under the GDPR.
This is not true, you may just call general numbers and general email addresses. If you use a personal email address or direct phone number you must be able to show that you obtained that data properly and that the provider has given permission for use for acquisition purposes. That sounds like a tough requirement, but research shows that a free pizza is enough to get all the permission you want!

$250 million for WPengine

2021-04-22T08:16:39.051Z

Web hosting company WP Engine has announced that it has received a $250 million investment from Silver Lake. This amount will be used to continue its growth internationally.

WP Engine which has only been around since 2010 is one of the largest WordPress hosting services, worldwide more than 75,000 customers use the hoster. The company's revenue has grown by over 30% to over $100 million per year.

The Silver Lake investment fund manages $39 billion and has been investing in mainly technology companies since 1999. Notable companies the fund has invested in include the Dutch company NXP, Skype, Dell, GoDaddy, Alibaba and EMC.

WP Engine's hosting packages start from $29 per month, this is a Managed Hosting package with 10 GB disk space suitable for up to 25 thousand visitors per month.

Sources:

https://wpengine.com
http://www.silverlake.com

Have you already switched to Magento 2?

2021-04-22T08:14:33.849Z

As a Magento user, you know the power of the web store package. This open-source e-commerce software is extremely popular and many web shops today run on it. Yet, as an online store owner, you are currently facing a dilemma. In November 2015, Magento 2 was launched. At that time it was announced that the existing Magento 1 would be supported until November 18, 2018. So in 2015 there was no acute need to make the switch, but now 2018 is approaching. What does this mean? Do I really need to switch now and how do I go about it?

Do I really need to switch to Magento 2 now?
The switch from Magento 1 to Magento 2 does not involve an update that you perform with the proverbial push of a button. It is a real upgrade where Magento has changed the foundation of the software to be ready for the future. You will therefore need to plan a complete migration path.

So it's tempting to continue working with Magento 1 for a while, which may work fine for you. Nevertheless, now seems to be the time to start planning your migration if you haven't already done so. There are two reasons for this. One that has to do with functionality and one that has to do with continuity.

Switching because of functionality
Magento 2 was developed for a reason. The old base of Magento 1 was no longer usable for a number of innovations that were indeed necessary. Then you can't continue updating, but an upgrade is needed. A new technical basis from which the software can be developed again for years and for which the Magento community can build beautiful extensions.

Magento 2 is focused on a greatly improved and modernized shopping experience. This means of course that Magento 2 shops are fully responsive and suitable for all mobile devices. But also that during the shopping process switching from one device to another is fully supported. Customers are increasingly switching devices during the decision-making and purchasing process. They start the search on their mobile, but complete the purchase on their laptop for example. In Magento 1 that is the moment to lose a customer, in Magento 2 it happens seamlessly.

Magento 2 also allows you to manage your webshop from your smartphone. For actions such as adding a product or changing a product text or item price you no longer need to sit behind a computer. In addition, much more attention has been paid to the security and speed of the platform. Both are increasingly important for the success of your web store. Speed is essential for a good user experience and your position in Google. The importance of security is mentioned in the news on a weekly basis.

Switching because of the support, security and continuity
Waiting until after the official 'End-of-Life' is not wise. For the record, your Magento 1 webshop will still work. The internet itself does not change and the shop itself continues to run. However, the support stops completely at such an End-of-Life. Usually this is a phased process. First, no new or improved functionality is developed. However, repairs (patches) are still provided if disturbing errors are found in the Magento 1 software or in case of security risks. From the actual 'End-of-Life' onwards, errors are also no longer fixed and security updates are no longer delivered. And thus the software has become very vulnerable.

However, Magento recently announced that the period in which they still provide support has been extended:

"Magento 1 has been and will continue to be supported for the foreseeable future (...) Lastly, we are committing to a minimum 18-month notice before we make any changes to our support levels" (Jason Woosley, SVP Product & Technology, Magento)

So November 18, 2018 is no longer the hard deadline for Magento 1 users. At the same time, of course, no new features are to be expected. The innovations will be in Magento 2.

Switching to Magento 2 right now?
That means you still have a period of more than 18 months within which you can switch. Your planning depends entirely on your own circumstances:

Are you actually already planning improvements and would you like to start doing so in the short term? Then start planning your transition to Magento 2 right away and include your own requirements in that planning. It is important to check if all the extensions you need are already available as Magento 2 version. The Magento 2 community is becoming increasingly active and there is more available every day.

Did you have no concrete improvement plans and you also find the changes within Magento 2 not very urgent for your business? Then you can still be patient. There will be more and more updates and extensions available and probably also more migration tools. For example, there is already a data migration tool available to simplify the transition from Magento 1. At the same time, waiting all the way to the end is not a good idea if you are using an external party to help you. Those Magento specialists will be busy around a final phase-out. If you want to wait for that, at least make clear agreements about their availability.

Or a different e-commerce solution altogether?
Last but not least, this is also the moment to reconsider your choice for Magento itself. If your experiences so far have made you have reservations about the package, now is the time to look around at the alternatives. Switching is a tough job, but so is upgrading to Magento 2, right?