Demystify data protection and make it more accessible

Vision
Ignorance is no excuse against punishment!

I take care of all your data protection topics and organize your data protection landscape from A to Z, so you can concentrate on your core business. 

The company

Chantalle Wagne Consulting

Is a consulting company that works purposefully and solution-oriented.

Organized, customer-oriented and with the ability to present complex issues in a simple way, Chantalle Wagne Consulting is your reliable partner.

With a focus on data protection consulting, I look after companies and customers according to B2B and B2C principle.

Thanks to my well-founded expertise gained during many years of experience, my long-term thinking and cooperation at eye level, I question your established business processes in order to bring them into line with data protection requirements. I anticipate possible risks and develop solution-oriented concepts. The conception takes place in close cooperation with you, my customer.

My self-developed training and exercise tool contributes to this. It is flexible, adaptable and efficient.

Following my “flash mob strategy”, I come by agreement, develop a suitable data protection culture that is understandable, permanent and profitably anchored in your company. The culmination of my advice is the achievement of a data protection seal for your products or services.

At the end of the project, you will be able to assess data protection processes well and handle them independently. However, I am always available for you when you need me and will keep you posted about changes and news in the data protection landscape.

The current top 5 fines

If you think Data protection is expensive, try no data protection!
20,000,000 euros for unlawful creation of biometric profiles and 100,000 euros per day of delay in fulfilling access and deletion requests

Against a US company , the CNIL (French data protection authority) received complaints from several data subjects as well as information from Privacy International. It built up a database of photos extracted from public Internet sources. From this, it uses facial recognition software to create biometric profiles. 

The company ignored the data subject’s requests for access and deletion. 

Violated law: GDPR (Art. 5 para. 1a, b and e, Art. 6, Art. 9, Art. 12 to 15, Art. 27) 

5.057.878 euros due to access to employee data after a cyberattack

An employee opened a phishing email, which contained a zip file with Mal Ware. The attackers gained access to the his computer and were able to infect other systems and servers and remove anti-virus programs. In the end, they gained access to the data of 100,000 employees. The company reported the incident to the British data protection authority ICO pursuant to Art. 33 GDPR. It found that the employees were not sufficiently trained on data protection and that the technical and organizational measures (TOM’s) were inadequate. 

The fine was milder because the company cooperated well with the authority. 

Violated law: GDPR (Art. 5 para. 1f, Art. 32) 

Lessons learned: The TOM’s must not only be implemented, but also constantly updated. Training and sensitization of employees are mandatory. 

EUR 1.546.870 for profiling

Whilst invertigating in a household products company, the UK Authority found that it monitors its customers’ buying habits through an automated process, in order to offer them dietary supplements. Its target group consisted mainly of elderly and sick people. These are to be regarded as particularly worthy of protection. The health data is classified by the GDPR as a special category of personal data and enjoys extra protection. 

Violated law: GDPR (Art. 9, Art. 5 para. 1a, Art. 13 para. 1c) 

264.389 euros due to unwanted advertising calls

A British home appliance repair company made several promotional calls. Among the numerous callees were also people registered in the TPS register (official register for the rejection of advertising and marketing calls). The calls were therefore unlawful and punishable by a fine. 

Violated right: Art. 5 para. 1a GDPR 

35.000 euros due to false e-mail recipient and non-reporting to the authority

The customer of a Spanish electricity provider received the contract documents and the scan ID card of another customer attached to an e-mail. He reported the incident to the provider and complained. There was no reaction from the company. The company also failed to report this glitch to the Data Protection Authority. 

Violated right: GDPR (Art. 5 para. 1f, Art. 32, Art. 33) 

Topics of the month

On 27.12.2022, the conversion period for the new standard contractual clauses (SCC) ends! Are you affected? Are you ready? I am happy to assist you. 

If you transfer personal data outside the EU and EEA, you must ensure that the level of protection in the country of arrival is not undermined. Therefore, you must take guarantee measures, such as the Standard Contractual Clauses (SCC). 

In June 2021, the EU Commission published the new SCCs and granted a transitional period until 27.12.2022 to adapt the contracts concluded under the old SCCs. 

I will be happy to assist you with the examination and implementation. Do not hesitate to contact me. 

Use of Google Fonts can lead to damages! 

After Google Analytics, the use of Google Fonts on websites has now been declared non-data protection compliant. The plaintiff was awarded damages of € 100. I strongly advise you to check your website and adjust if necessary. Carefully check cover letters received on the subject and, if necessary respond to them in time. 

Let me show you how to. 

About me

Data protection has always been a companion and an important part of my tasks and projects. I always implemented data protection regulations in my business transactions. Later, I switched to the role of coordinator to accompany processes and projects in an advisory capacity from a data protection point of view.

After successfully completing my law studies, I worked for a global automotive industry group for over 22 years.

My professional career spanned from the legal through the finance department to the HR area. I was able to gain well-founded and deep experience, not only in administration (so-called white-collar world) but I was also responsible for consulting a production division (so-called blue-collar world) consisting of many crafts over several years. I was mainly responsible for advising managers and top managers and worked transnational.

As a jurist, certified auditor, data protection officer and compliance officer, I would like to apply my knowledge and skills in such a way that your data protection concerns are solved to your complete satisfaction.

What are my features? 

My 4 in-1 principle: I can sit on both sides of your desk (audit and consulting) and at the same time have a bird’s eye view in terms of compliance and legal advice

My profound cross functional knowledge makes it easier for me to understand your processes across the divisions.

My “flash mob strategy” leads to considerable financial benefits for you. 

My availability: Multilingualism at Native Speaker level and interculturality. 

My self-developed training and exercise tool is flexible, cost-neutral and efficient for you. 

Last but not least, my passion for data protection and knowledge transfer, coupled with my customer orientation, will awaken your understanding of data protection in no time and anchor a lasting data protection culture in your system. 

Please let yourself be tapped, it can only do you good! 

Chantalle Wagne

Founder

„For you, I have developed my mission and a vision, which I pursue conscientiously and structured until it is crowned by a data protection certification and/or a data protection seal for your product and services, following my „FLASHMOB STRATEGY”. 

What you always wanted to know about privacy (FAQ)

Your questions / My answers

Who is protected by the GDPR?

The natural person; i.e. You and I as individuals. The GDPR uses the term “data subject”

What is protected and against whom?

Against any abuse of rights and influence over your data by the companies. The GDPR calls the company the “controller”

Who penalises?

The competent supervisory authority. There is one per german State. For example, LfDI in Baden-Württemberg. 

What is a rule violation?

Any data processing operation that does not comply with the provisions of the data protection regulations. For example: wrong e-mail distribution list, non-training of employees on data protection, non-compliant cookie banner, etc. 

What are the penalties for rule violations?

The caps for GDPR fines are, depending on whichever is higher

  • EUR 10 million or 2% of previous year’s worldwide turnover for minor infringements
  • EUR 20 million or 4 % of the previous year’s worldwide turnover for serious infringements

The size of the company does not matter. However, some factors may influence the determination of the fine: Is the violation due to intent or negligence? How well did the company cooperate with the regulator in clarifying the matter?

It's all so annoying! What are the benefits of GDPR compliance?

By complying with the GDPR, you protect the privacy of your customers, employees and business partners and thus respect their right to informal self-determination. 

By protecting personal data, you are also protecting your product and trade secrets. Your so-called crown jewels. You improve your IT and information security, you streamline your processes and save costs, you create a better overview of your overall processes. 

It also gives your business additional opportunities and visibility; e.g. certification, privacy seals, trust of third parties and stakeholders. 

Where do GDPR regulations apply?

They apply to all organisations in the EU and the EEA (establishment principle), as well as to organisations that do business in the EU and EEA area and process data of EU citizens (marketplace principle). 

My company does not even have employees and yet has to appoint a data protection officer (DPO). How do I do that?

You only need to appoint a DPO if your company has at least 20 employees who regularly process personal data on a large scale. If the main activity of your company is the collection and processing of personal data, you must in any case appoint a DPO. E.g. healthcare, market and opinion research institutes, security and surveillance companies. 

In addition, it is imperative to have the support of a DPO for all processes that require a data protection impact assessment (DPIA). 

What are the advantages of a data protection officer?

As an expert, the DPO primarily supports you in complying with data protection regulations from the relevant regulations. He helps to understand the regulations, to anticipate and minimize the risks, your business processes through technical and organizational measures (TOM’s), to optimize and document, to conclude data processing agreements in compliance with data protection regulations (AV) and to accompany your projects (Privacy by Design / Privacy by Default). 

The DPO advises top management, sensitises employees and, if necessary, communicates with the supervisory authority. Therefore, he should always be involved in the run-up to the business processes. 

What are the advantages of an external DPO?

The external DPO looks at the company’s processes with neutral eyes. He is an expert and has certified and in-depth knowledge. He is always up to date with the latest legislation and can therefore react in good time. This minimizes the risk of data breaches for the organization. The acquisition of his expertise does not fall within the budget of the organization. 

Chantalle Wagne Consulting

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