The pain of GDPR compliance and the long term effects

GDPR has no exemptions that organisations I work with can rely on, perhaps for the first time with data, we are all in it together.

The challenges facing organisations trying to comply are magnified by the amount of “fake news” surrounding it. I haven’t been surprised by the feeding frenzy from those trying to cash in yet I am somewhat alarmed by the number of “experts” on this untried legislation. I understood that it took 10,000 hours to become an expert in something and I’m wondering how the experts managed that. C’est la vie.

What truly concerns me is that this is a massive cultural change and I fear that the policies being written and disseminated are not going to empower the people that need to deal with data on a daily basis. During my 29 years in the field of risk, insurance and business continuity I have seen many issues that could have been avoided by educating people. Yet it seems that policies are written to ensure employment or contracts can be terminated rather than actually encouraging people to comply. I realise that this is partly due to legal precedent yet motivating people by fear is far weaker than motivating them by other means.

Having listened to many people and taking in copious amounts of information, I think that the feeding frenzy has prevented people from understanding the “mission” of the data regulators. They want organisations to be careful with data and respect the wishes and privacy of people like you and I.  It is not a lot to ask yet achieving that aim is undoubtedly awkward. It is a lot less awkward if the culture of an organisation recognises this.

I have this awful nagging doubt that people will not be motivated to do the right data thing if they are told off or, disciplined when they make mistakes. I’ve seen many policies that tell people what to do yet they are rarely allied with the cultural piece. Even rarer is the right level of education and reinforcement that motivates.

The deadline will come and go yet the mission of the regulator is not going to be achieved if the culture of blame continues to be the most pervasive in organisations. One issue that no-one seems to have thought about is the way salespeople treat data. Arguments over who owns it are regular, especially with the advance of online networks. Roughly 50% of people take data with them when they leave one organisation for another. There are at least two companies in breach when this happens and the individual has broken the law. It is theft after all.

The existing regulations state that this shouldn’t happen yet half of the population think it’s OK to take it when they really know that they shouldn’t. It could be argued that the policies that discipline people have worked because they have stopped the other half from doing this. Yet half is not enough. It should be a single digit number, at the very worst.

So policies and procedures are not working now. New ones will not change that if they don’t address the cultural side of human behaviour.

What can be done?

A new type of policy is required. Naturally, it should start at the top of an organisation. It should motivate people to change the way they think about data. It should be readable, not shrouded in jargon. It should reward people for doing the right thing. It should be something that everyone is reminded about. But not “beaten up” over.

Jason Cobine is an Insurance broker in London who works with businesses and charities. He has built a business from scratch, without pilfering data so he knows how hard it is. Yet it was a cultural decision that has been proved to be correct.

Smashing lady is actually a criminal

Geoff calls me to ask if I can help him with protection for a large amount of jewellery he has just bought his wife and we always help our business insurance customers when they need help with their personal asset protection. While working out the particulars Geoff asks me if I have time to hear a short, but interesting story. Geoff is an entertaining guy, and I’m always happy to hear what’s been going on in his world.  He starts regaling me with a tale from a friend of his, who had been at home when he heard a loud bang, and his wife started shouting for him. He sped downstairs and was confronted with the sight of his front garden wall – newly decorated with a BMW.

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Who Done It?

A lady who looked physically shaken, was standing in his front garden, saying “a guy crashed his car into mine, knocked me into your wall and then disappeared.” Over a cup of tea she explained how she had been driving down the road, when she had been shunted from behind, left the road, hit the curb, and landed on top of his wall, rather than driving through it. There was no real evidence of damage to her vehicle, so it looked plausible.

The police were called and statements were taken. The lady drove off, regrettably she didn’t know the identity of the perpetrator who had crashed into her.  She didn’t know the make of the car or the registration number, because it had happened so quickly.

She did it!

Some time later a neighbour stopped by to ask what was happening with the demolished wall was told the tale of the lady being shunted into the curb and over the wall. At this point his neighbour informed him that his CCTV told a completely different story.

As Geoff’s friend watched the CCTV footage, he couldn’t believe his eyes. The lady’s BMW was spotted travelling down the opposite side of the road that she’d said, and suddenly left the road as her head disappeared from view behind the windscreen. Her car then clipped the curb and demolished his wall.

Fraud, lies and videotape

He could not believe what a performance this lady had put on, both for himself, his wife, and also for the police. He was incandescent by the time he had reached the end of the video footage, asked for a copy, stormed down the police station, demanded that the lady be arrested for fraud. Regrettably nobody had kept her details. Fortunately the CCTV recording had the registration plate number. The police are unlikely to investigate the lady for fraud, as they feel the insurance company would deal with the claim. Yet it is an offence to damage property whilst driving and not report it to the Police – check the highway code.

Is this gentleman incandescent enough to launch a private prosecution – probably not! Has he learned his lesson that what is often perceived may not be the case – yet this is what typically happens when anything goes wrong. I told my friends about this scenario and we all agreed it’s rare for people to take responsibility when things go wrong, sometimes because of the financial penalty. Most people don’t plumb the depths this lady did yet they do think their insurance premium will go up if they make a claim – which is untrue because not all insurances have a “no claim bonus”.

Wrap up:  A lot of businesses relationships with their suppliers go sour when it’s found they don’t provide the service they said they would and use their T&C’s to avoid paying a penalty. Let’s face it, some suppliers best performance is in the tender process.

Top tip: Follow me on Twitter to be the first to hear real evidence of the Police crackdown on whiplash claims. It will happen because the Government has realised that it’s caught up in insurance company unwillingness to drive change. This happened in the1990’s when the Police were swamped with claims for car stereos. The Government forced car manufacturers to improve security.

Share this: With anyone who complains about their insurance premium increasing. If it’s car insurance they’re complaining about, we don’t do it because it’s such a mess thanks to direct insurers and their unwillingness to detect fraud. Yet we do have this nifty tool that helps everyone reduce their premium.

What the hell was that? Homeowners escape collapse

Last week saw the collapse of a roof that hit the front page of the Evening Standard. This posts advises why it’s highly unlikely that the home owner’s insurance company will cover the cost. Read on to find out how it happens, who picks up the tab and why legal action is often the end result.

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How does a roof just collapse?

It’s been said that the accident is due to some form of faulty workmanship, crap materials or just old age. However, it’s often difficult to tell when faced with a pile of rubble.

It is highly unlikely that the home owner’s insurance company will cover the cost. Most policies exclude such damage, especially when they are being renovated.

So, who covers the cost?

So who pays for this? It’s difficult to say and I think it will most likely end up in the courts. I doubt anyone will want to take responsibility, yet the blame could be a aimed at a contractor, architect, surveyor or even the homeowner. Especially if the appropriate planning permissions were not obtained.

If nobody takes responsibility the owners of neighbouring properties damaged may find themselves uninsured. They’ll probably lay the blame (and cost) at the door of the “guilty” property. It happens from time to time.

Last resort, take action? Only if you know who to sue!

There is a form of protection that covers works and damage caused after they have been finalised. High quality architects and responsible builders recommend or invest in. It protects neighbours’ properties too.

However, I’ve lost count of the number of people that say they’ll sue someone else if things go wrong, rather than protect themselves. As if they have the money to do that. Do they realise just how much it costs to work out who is responsible for a pile of rubble?

Wrap up: Property renovations are a shrewd investment when the cost of labour and materials are so low. The opportunity to increase the value of assets can and should be balanced against the risk of a project going wrong.

Top Tip: Inspect insurance protection of those you allow into your property to complete repairs or maintenance. If they’re not protected, you might not be. Always be careful to survey a property owned by a “DIY Del” before making an offer. Click here for free Property Owners download.

Share this with: property owners, architects, surveyors, contractors, engineers and anyone else who gets involved in property improvements.

Business owner deflated by sinister claims tactics – part II

This is the second part of a two part blog about another dirty little secret of insurance. The attempted application of this one even shocked me, and I’ve had 21 years experience of exposing their secrets. You can read part one here.

Read on to find out how this scenario unfolded, how the secret affects both businesses and families, and what you can do to avoid being kept in the dark.

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Bicycle Theft Leads To Flat Service – Part 2

Having carefully selected the appropriate policy for a client whose family relied heavily on their bikes, it was a big headache when an excessive deduction was presented by the insurer, when our client’s bikes were stolen. This large deduction was not in the policy wording, which is of course a contract between insurer and their policyholder. Rather been dealing with the claim validators, we went straight to the management of the insurance company claims department. We know where they hide (whoops, I mean hang out!).

The claims department agreed that the deduction was not in the policy wording and fair wear and tear would be 20 percent. New bikes were ordered and a long argument avoided

The bicycle suppliers were instructed to send the new bikes directly to the client who was happy that he didn’t have to fork out an unreasonable amount to put himself back to where he was before the theft occurred.

Making sure that people are not financially affected by the unexpected is the main priority for us. Keeping inconvenience to a minimum is an important part of our service.

Deductions are plain wrong as they mean claimants do not get the return they were promised when they were prudent and invested in insurance. Avoiding reduced settlements is not easy, as it seems that staff in insurance claims departments are trained to make claimants feel uneasy.

Cynics might say that insurance companies purposely make it uncomfortable for people trying to get their valid claims settled. By making them stick to the letter of their own contract these hurdles can be overcome.

An amicable discussion about fact and contract is the way forward.

I personally have 20+ years of experience in dealing with claims department and actually help them stick to their procedures whilst getting claims settled. I also agree with the use of new technology, including lie detecting to sniff out fraudulent claims. If you have nothing to hide, it’s fine.

Wrap up: Thousands of business owners are still waiting for their damage and lost profit claims to be settled following the London riots last year. It is prudent to assess if there are risks to your way of working because of the actions of others.

Top Tip: If you have already been given a bike by your employer or company under the bike to work scheme make sure adequate cover is in place. When it comes to finding a replacement the bike should have been insured by the company or the rider. If a road accident is caused by a cyclist’s wobble who pays for the resultant damage and injuries?

Who to share this with: Business owners or bicycle users.

Professional Indemnity Insurance – Discover how to avoid losses

Professional advisers are not always protected by their insurance

Want to know why some indemnity insurance claims are declined? I have two examples of claims being declined, one more extreme than the other, yet both prove small errors can prove costly. And I’m going to tell you why they were declined and how to avoid it happening.

The first is the most recent, only a few months ago an insurance company refused to cover a claim for a company that was being sued for £47,000. The claim related to an incident that occurred in July 2005 when they had translated a document (allegedly incorrectly) yet it would have been covered if the insurance company had been made aware of it earlier. Read the rest of this entry

Want to secure cashflow despite bad luck?

Fire risk assessments are not exactly high on the list of priorities for everyone. Some small businesses might think fire evacuation procedures are not important. So spare a thought for the business owner in Scotland who didn’t think a fire would ever affect his organisation.

The business was unlucky enough to suffer a fire and they didn’t have an evacuation procedure, they probably couldn’t find the time to do it – especially as there 101 other things to do every week to keep the business afloat.

The fire brigade arrived yet the absence of an evacuation procedure (which should be tried and tested) meant that no-one at the premises could tell the brigade if anyone was left in the building. Read the rest of this entry