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Are You Giving Away Your Clients' GDPR Protection?

Read T&Cs of Online Payroll Bureau Software to Avoid Potentially Catastrophic Consequences

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When looking for an alternative to our current software, Payroll Manager - it handles Auto Enrolment dreadfully - we considered cloud-based payroll bureau software.

The PrimoPayroll (12 page) T&Cs has a clause where you, as the accountant or payroll provider, agree that you have the permission of your clients to share their payroll information outside of the EU - which we definitely don't and, even if we did, it would be madness to do so. 

In response to my obvious concerns, PrimoPayroll emailed me to say that they sometimes share with India and that it isn’t a breach of GDPR. Rather patronisingly, they also added that, just because data is held within the EU, that doesn't make it safe.  

This is an extract from the Information Commissioners Website concerning International Transfers:

  • The GDPR primarily applies to controllers and processors located in the EU (with some exceptions).
  • Individuals risk losing the protection of the GDPR if their personal data is transferred outside of the EU.
  • On that basis, the GDPR restricts transfers of personal data outside the EU, or the protection of the GDPR, unless the rights of the individuals in respect of their personal data is protected in another way, or one of a limited number of exceptions applies.
  • A transfer of personal data outside the protection of the GDPR (which we refer to as a ‘restricted transfer’), most often involves a transfer from inside the EU to a country outside the EU.

So it would appear that I am able to give away my clients’ GDPR rights and that of their employees by blindly accepting 12-page T&Cs. Possibly thousands of people’s rights given away because of an un-noticed clause in a 12-page document.

A plea for diligence...

 

Replies (11)

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By jcace
16th Aug 2018 15:50

Have a look at BrightPay - it is excellent at dealing with Auto Enrolment - intuitive, easy, links seamlessly with NEST etc - and it also has a cloud facility whereby you can upload employer and employee reports to the cloud for them to access.

Thanks (2)
Replying to jcace:
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By EasyPeasyPayroll
16th Aug 2018 16:50

Thanks for the suggestion. We did actually have a good long look at it (two of us for six full days) testing and checking.

There was so much we liked about it but the emails to our clients and their employees from within BrightPay go via the BP email server and those emails claim to be from BrightPay and not from us! They told us there was no way around it.

For me and, in fact, for the other accountants' we looked at it for, that was more than a step too far. It would be tantamount to handing them our client list with an open invitation to cut out the middle-men: us!

If they ever decide to do a white-label version then we would think again but when we saw that email hijacking business, we were all very sorry that we couldn't go forward with it.

Never mind, we will keep looking. Maybe some of us should get together and make a credible rival product. Any takers?

Thanks (1)
Replying to EasyPeasyPayroll:
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By Alex_T
22nd Aug 2018 13:45

I fail to understand why you would think BrightPay would steal your clients. To what end? I would imagine they have enough going on with Auto enrolment and GDPR, I know I do. I've been using BP for several years now with absolutely no issues. The software is excellent, support is excellent, auto enrolment is excellent... need I say more. My advice, don't throw the baby out with the bath water.

Best of luck!

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By sarah douglas
16th Aug 2018 16:05

Hi

You can also take a look at My Paye Ltd. Excellent Cloud Payroll Software auto enrolment and GDPR.

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By Manchester_man
16th Aug 2018 22:08

What is it that you find so bad about Moneysoft's auto enrolment function?

I've always been happy with it. Maybe I am missing out on better alternatives?

I've never heard of Primo Payroll though and from the above, I wouldn't use it.

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Replying to Manchester_man:
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By BigBadWolf
19th Aug 2018 13:27

Manchester_man wrote:

What is it that you find so bad about Moneysoft's auto enrolment function?

Ditto - I have found Moneysoft easy to use for AE, am i missing something?

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Replying to BigBadWolf:
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By atleastisoundknowledgable...
19th Aug 2018 17:18

BigBadWolf wrote:

Manchester_man wrote:

What is it that you find so bad about Moneysoft's auto enrolment function?

Ditto - I have found Moneysoft easy to use for AE, am i missing something?

Thirded

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Replying to atleastisoundknowledgable...:
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By Cheshire
19th Aug 2018 23:21

Fourith! I know, its not really a word!

I find your sub heading 'read T&C's a bit odd. Doesnt everyone do that anyway?!

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Replying to atleastisoundknowledgable...:
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By Cheshire
19th Aug 2018 23:22

Duplicated!

Bloody sift site - bouncing around all over!!!!!!!!!

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By Tim Vane
19th Aug 2018 22:08

There are way too many important things to worry about in our world without wasting time fretting needlessly. MoneySoft has perfectly good AE functionality; BP are not going to steal your clients; it is not “madness” to share client info outside the EU provided you properly vet and monitor the processors you are using. Take a pragmatic approach and try not to turn every challenge into a crisis.

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RedFive
By RedFive
19th Aug 2018 23:04

I agree with Tim.

I think you need to have a lie down.

You are aware Americans did in fact visit the moon and Elvis is indeed dead?

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