GDPR compliance
BlueChatCal is compliant with GDPR in keeping discussion away from preying eyes and respecting company privacy and the rights of the participants in a discussion
Lawfulness, fairness and transparency
Your personal data as your account and your devices are totally under your control. Then information are collected in events that are
- first stored in various devices during event life cycle
- and then legally archived in the Blue Digital Safe for a retention period
BCC commits not to use or exploit all this data. Opposed to GAFAM and other companies, our business model “is you pay for what you use”. These revenue are sufficient to BCC to ensure the service
BCC (its employees and subcontractors) can’t be liable for the data collection of its clients: The client collects what they want in an event
BCC has no right to access:
- event’s content
- event’s participants
- chained of events
- Workflows
If a data, an event or a chain of events is subject to a legal requests (enquiry, injunction, ordinance…), the client’s duty is to providethe required information in a timely manne.
The collection, processing and disclosure of data is done in accordance with the Swiss law.
During event life cycle
The event owner is responsible for the event, its participants and its content.
He/she has the entire right to control its content and its participants.
During its entire life, the event and its data are protected in ChatCal container. they can’t be erased nor exported.
Event owner has the right to export the entire event or part of the event. The event owner can grant this right to a participant. These operations are traced in client audit trail.
Archived events
- after duration cut-off date the process propose to legal department to delete records.
- Legal department can ask the agreement of various company responsibles.
- when agreement is reached, an agent component performs the effective secure deletion of the record.
- An audit trail keeps the trace of this process, as the deleted records are securely deleted and thus unrecoverable.
Purpose limitation
BCC processing conducts to
- Create event and exchange data between event participants
- Synchronize data between participant’s devices in an event
- Archiving purposes in its client interest, historical or statistical purposes
BCC performs statistics and monitoring, They are realized using automatic agents and not human resources
- Only the quantity of data (anonymous statistics) will help us to fit the equipement to the volume of data and lower the cost of our services
- Nominative monitoring will control that you pay for what you use really. warning will be sent to companies that exceed their rights.
- Our employees and subcontractors do not have access to client’s event content.
BCC is not liable for its clients’ purpose. Clients are supposed to
- have a specific and legitimate reason for collecting and processing personal information
- be compliant with GDPR requirements, country law and regulations
The collection, processing and disclosure of data is done in accordance with the Swiss law.
Data minimisation
Under the GDPR, data must be “adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.”
During the event life, BCC:
- synchronize in an incremental manner to minimize risks and volume
- collects internal data of the devices, as GPS information, just for security and client’s privacy reasons (mobile rights). These data are not accessible to our employees or subcontractors and are automatically securely deleted once processed (synchronization)
Accuracy
BCC has no right to access client’s event content.
- Each ChatCal user is responsible for the accuracy of its ChatCal account and own device information
- In an event, user can’t delete any information that has been shared in ChatCal,
- A user can comment an information that seems not accurate, the moderator is entirely free to correct this information
Only event’s owner can delete event if:
- has not been shared with other
- or has not reached the active state life cycle
If client wants (or must) regularly review archived information about individuals, they can plan “cut off dates” in the file plan and proceed to event deletion if needed. By essence all information content of an event is shared between its participants and “belong to all of them”.
Participants can verify, comment and provide rectification before the event to be archived. After archiving a participant can issue a claim to the company responsible (DPO, legal department, …). Processing this claim is liable to the client archiving this event.
Storage limitation
BCC stores data
- about the clients,
- their declared devices,
- the contract of service
as well as their events and associated content.
Storage in devices of event and its content is
- unlimited if no participant has an archiving service and at each client discretional will of device’s owner (this storage is not ours and out of our control)
- limited to the lifecycle of the event if one at least of its participants has a BlueSafe archiving contract (Record Management) . Each contract owner is free to store its event and define a file plan with
- retention duration
- deletion process and rule
Integrity and Confidentiality
ChatCal and Blue Safe were conceived from birth using “Privacy by design” and “Privacy by engineering” principles.
- BCC employees and subcontractors do not have the right to access the content of an event. They just benefit of a “browse” right and read only right on:
- on the event technical metadata
- on clients ID and their devices ID
- on their contract and licences
- The Digital Safe is located in Switzerland that provided a legal framework for data protection
- The Digital Safe provides high availibility architecture, backups are located in Switzerland
Nevertheless, as cybersecurity is “cop and thief” fierce struggle, BCC commits to help and take all required reasonnable measures to ensure integrity of information, confidentiality of its services and privacy of its clients.
Accountability
The final principle, and a new principle under the GDPR, states that organisations must take responsibility for the data they hold and demonstrate compliance with the other principles. This means that organisations must be able to evidence the steps they have taken to demonstrate compliance. This could include:
- Evaluating current practices
- Appointing a Data Protection officer
- Creating a personal data inventory
- Obtaining appropriate consent
- Carrying out Data Protection Impact Assessments
Consent (art 13):
Each invitee is free to accept to participate in an event and can leave an event at any time (art 18)
Access (art 15):
According to his role, each participant in an event knows the information
Right to rectification (art 16):
Each participant in an event, can
- discuss,
- comment
- notify of any changes
- manage his/her information
Right to be forgotten (art 17):
When an BlueSafe archiving contract exist, at end of the event, the related information securely archived in BlueSafe and is securely removed from every device of all participants. The information remains accessible to all participants.
By definition and in essence a shared infomation “belongs” to all participants in an event.
The DPO (or legal company responsible) can easily retrieve all archived events and take required measures.
Portability and transfer (art20):
Each participant has already the information of the event in his/her participating devices until the event is archived. When archived the information is kept safely in the record management.
Upon request, the DPO can send the needed information to the participant or to the designed proxy.
At the end of the archiving contract, the client is requested to backup all its archived events during the resignation period and before the end of contract. BCC commits to assist its client, asistance might be invoiced on a time and material basis.
Request to DPO
The company can provide a Privacy request template to all participants in an event. Each participant can initiate a request to the DPO using the event template
During all life cycles of the discussion, the event reponsible
- knows where the event information is stored among the devices of each participant
- keeps control of information, can moderate and control all information about a participant including the participation of their devices
- manages participant and their role
The information is stored in the devices. The device moves along with its user and changes of location.
Mobile rights control the behaviour of events, its information and documents according to event privacy settings and localization of the mobile device (GPS). When localisation can’t deliver usefull information (device has no GPS or GPS is turned off), worst case applies to mobile protected information
The BlueChatCal officers, who manage the BlueChatCal (infrastructure, database …) cannot open the container of an event and view inside. They just manage the containers.
They cannot access event content: participants, information, multimedia document comment, vote rating and like.
Privacy by Design
Conceived and built in “Privacy by Design” and BYOD (bring your own device) from onset, BlueChatCal is built using Mobile cloud computing technologies to
- enhance the mutual trust required in business relationship
- participate actively to ethical behavior and your corporate governance
- be fully compliant with privacy respect as GDPR (European Regulation to protect personal data) and also HIPAA (Health data protection) CCPA (California Consumer Protection Act)
BlueChatCal is composed of
- ChatCal: front end applications (desktop and mobile)
- BlueSafe: a record management compliant with ISO 15489 and MoReq2 in a trustworthy Swiss Digital Safe