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Re: Upwork and GDPR Compliance

Community Guru
Rene K Member Since: Jul 10, 2014
21 of 27

@Eve L wrote:

So if I want to have all of my data deleted you will not keep any information about me at all? Does that mean that if my JSS goes to h*ll I can just delete my account and open a new one? How will you deal with issues like this? Or if I get suspended. Can I still have all of the personal information deleted?

 

Not planning on it of course, just curious...


 No. GDPR has provisions that allow the processor of the data (the controller) to retain some data under some circumstances. 

 

 

Article 6
Lawfulness of processing
1. Processing shall be lawful only if and to the extent that at least one of the following applies:

(...)

(f) processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.

(...)

 

This part has been discussed in lengths, but my understanding (*) is that it does allow a data processor to retain some information provided that they can prove and document that such retention is necessary for the purposes of the legitimate interests, and that there exist real basis supporting the legitimacy of the said interests.

 

It seems sensible from a legal standpoint that Upwork may consider that the retention of some of its customers' data, for instance their e-mail and their bank accounts identifiers, as being necessary in order to prevent the circumvention of the parts of the company's terms of service that protects the company from people trying to create duplicate accounts.

 

(*) This is my own interpretation and shall not be taken as a legal advice. I may be proven wrong and in all honesty, I still need to dig deeper into the GDPR.

 

I decline all responsibility for any consequences that may arise from people listening to me and blindly accepting my ignorant, unsupported and generally useless points of view despite the fact that my IQ is slightly above the IQ of an ant, which at least has a purpose in the great scheme of things. I specifically decline all responsibility for any biblical event, including but not limited to the invasion of Locusts, death of firstborns, darkness for three days, etc, that may arise from people mistaking my advice for legal advice or even anything more than useless verbiage. Any reproduction of this content, with or without the consent of its author would constitute a serious waste of time.

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"Where darkness shines like dazzling light"   —William Ashbless
Ace Contributor
William C Member Since: Apr 18, 2016
22 of 27

This also represents an opportunity for freelancers as companies in the EEA will need a company GDPR policy written.  

Active Member
Artem K Member Since: Feb 14, 2017
23 of 27

As a lawyer, I see at least one point in which you fail and I see that you do not have a clear understanding to whom GDPR applies. 

Active Member
Pauline B Member Since: Jun 3, 2018
24 of 27

Hello there 

I'm French and I want you to delete all data about me. I've tried to do it myself but you changed the code of your website and it is not possible right now to change any informations about myself like my billing adress or my name. I can't delete my account either.

You guys really want to fight GDPR ? Smiley Wink 

Moderator
Valeria K Moderator Member Since: Mar 6, 2014
25 of 27

Hi Pauline,

 

If you'd like your account data deleted, you can complete our Subject Access Request form. You should also be able to close your account by going to your Settings> Contact Info and clicking the Close My Account link on the right hand side.

~ Valeria
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Active Member
Delyan S Member Since: Nov 5, 2018
26 of 27

As per GDPR Art. 20, I should be able to download all the data I have uploaded to Upwork.


The data subject shall have the right to receive the personal data concerning him or her, which he or she has provided to a controller, in a structured, commonly used and machine-readable format.

 

Is there such tool? 

 

Thanks!

Highlighted
Moderator
Bojan S Moderator Member Since: Mar 9, 2018
27 of 27

Hi Delyan,

Yes, you are able to access data you have uploaded to Upwork. Please download our Data Subject Access Request (DSAR) Form from our GDPR Help Center and email the completed form to gdpr-dsar@upwork.com. 

~ Bojan
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