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Protecting customer data and privacy

MobileDigital is GDPR (General Data Protection Regulations) compliant. All processes and software applications have been independently assessed and accredited as compliant by DMA (Direct Marketing Association, UK)

GDPR directs that your personal data does not live or is not processed outside the country of origin, and your data is stored securely and not shared or used without your consent. Data processes also have provisions in place to be removed upon request.

Australia has not legislated to implement GDPR compliance but MobileDigital has adopted the GDPR rules and regulations and implements GDPR practices with data stored in its applications in Australia.

MobileDigital has a dedicated DPO (Data Protection Officer) and abides by the following privacy directives

  • PECR (Privacy and Electronic Communications
  • (EU Directive) Regulations 2003),
  • EU’s GDPR (General Data Protection Regulation)
  • ePR (Regulation on Privacy and Electronic Communications)

MobileDigital also performs continuous quality control to ensure clients on SNIPERMobile are adhering to privacy and data usage best practices. The company reserves the right to refuse to work with companies that fail to comply with legislative requirements.

What is GDPR ?

Adapted from an article written by Michael Nadeau

Senior Editor, CSO | 12 JUNE 2020 20:00 AEST

Companies that collect data on citizens in European Union (EU) countries an in the UK need to comply with strict new rules around protecting customer data. The General Data Protection Regulation (GDPR) sets a new standard for consumer rights regarding their data, and companies are required to put systems and processes in place to maintain compliance.

Compliance sets new expectations of security teams. For example, the GDPR takes a wide view of what constitutes personal identification information. Companies need the same level of protection for things like an individual’s IP address or cookie data as they do for name, address and Social Security number.

MobileDigital adopted and was audited for GDPR as we have clients in the UK, and further because the standards in Australia are not well defined. GDPR represents the closest thing the world has to a standard set of requirements for the protection of data and user information.

The European Parliament adopted the GDPR in April 2016, replacing an outdated data protection directive from 1995. It carries provisions that require businesses to protect the personal data and privacy of EU citizens for transactions that occur within EU member states. The GDPR also regulates the exportation of personal data outside the EU.

The provisions are consistent across all 28 EU member states, which means that companies have just one standard to meet within the EU. However, that standard is high and requires significant investment to meet requirements and to administer.

Why does the GDPR exist?

The short answer to that question is public concern over privacy. Europe in general has long had more stringent rules around how companies use the personal data of its citizens. The GDPR replaces the EU’s Data Protection Directive, which went into effect in 1995. This was well before the internet became the online business hub that it is today. Consequently, the directive is outdated and does not address many ways in which data is stored, collected and transferred today.

How real is public concern over privacy?

It is significant and it grows with every new high-profile data breach. According to the RSA Data Privacy & Security Report, for which RSA surveyed 7,500 consumers in France, Germany, Italy, the UK and the U.S., 80% of consumers said lost banking and financial data is a top concern. Lost security information (e.g., passwords) and identity information (e.g., passports or driving license) was cited as a concern of 76% of the respondents.

An alarming statistic for companies that deal with consumer data is the 62% of the respondents to the RSA report who say they would blame the company for their lost data in the event of a breach, not the hacker. The report’s authors concluded that, “As consumers become better informed, they expect more transparency and responsiveness from the stewards of their data.”

Lack of trust in how companies treat their personal information has led some consumers to take their own countermeasures. According to the report, 41% of the respondents said they intentionally falsify data when signing up for services online. Security concerns, a wish to avoid unwanted marketing, or the risk of having their data resold were among their top concerns.

The report also shows that consumers will not easily forgive a company once a breach exposing their personal data occurs. Seventy-two percent of US respondents said they would boycott a company that appeared to disregard the protection of their data. Fifty percent of all respondents said they would be more likely to shop at a company that could prove it takes data protection seriously.

MobileDigital adhere to strict data protection policies and believe that as businesses continue their digital transformations, making greater use of digital assets, services, and big data, we must also be accountable for monitoring and protecting that data on a daily basis.

What types of privacy data does the GDPR protect?

  • Basic identity information such as name, address and ID numbers
  • Web data such as location, IP address, cookie data and RFID tags
  • Health and genetic data
  • Biometric data
  • Racial or ethnic data
  • Political opinions
  • Sexual orientation

Why gdpr as our standard ?

We believe that any company that stores or processes personal information about citizens should comply with the GDPR, even if not in the EU. Australian legislation and controls on data and privacy are not as stringent as GDPR.

MobileDigital adopted GDPR as a standard. Data protection for the most part in Australia has guidelines established by the SPAM Act 2003, loosely interpreted by ACMA and a lot of self regulation. GDPR is becoming a global standard, we believe at some stage in the near future the legislation similar to the requirements of GDPR as they relate to data protection and privacy standards will be introduced into Australia.

Who is responsible for compliance?

The GDPR defines several roles that are responsible for ensuring compliance: data controller, data processor and the data protection officer (DPO). The data controller defines how personal data is processed and the purposes for which it is processed. The controller is also responsible for making sure that outside contractors comply.

The GDPR requires the controller and the processor to designate a DPO to oversee data security strategy and GDPR compliance. Companies are required to have a DPO if they process or store large amounts of citizen data, process or store special personal data, regularly monitor data subjects, or are a public authority. Some public entities such as law enforcement may be exempt from the DPO requirement.

MobileDigital’s Data Protection Officer is Eibhlis Stuckey, the Founder and CTO of MobileDigital. The GDPR holds processors liable for breaches or non-compliance. It’s possible, then, that both your company and processing partner such as a cloud provider will be liable for penalties even if the fault is entirely on the processing partner.