Imagine the following: A piece of software helps you manage your conference data. On the technical side, there are no problems, everything is running perfectly, and you can continue planning with peace of mind. Then, on the first day of the conference, some employees from the software provider show up on-site. You didn't ask for them, but they aren't there to help you with final preparations or visitor check-in, either. Equipped with cameras, their only goal is to document the conference. The provider later uses the resulting photos and videos for advertising purposes. After all, that was part of the contract you agreed to a few months ago.
Unfortunately, this is not entirely unrealistic, as there are indeed providers whose terms of use contain strange clauses that grant such far-reaching rights:
Although these were subsequently removed in that case, the wording would likely have remained unchanged if not for a few attentive users.
You pay for free software, too
Especially against the backdrop of the new General Data Protection Regulation (GDPR), such behavior is more than problematic. After all, the EU regulation is intended to ensure that personal data is protected even better in the future. However, if providers decide to bypass these requirements on their own, you could quickly find yourself in a difficult position.
Skepticism is particularly appropriate when it comes to free software. If a provider makes a system for managing your conference available for free, there is often a catch. Things are rarely truly free; after all, the provider invests money in software development and distribution, among other things. It is possible that you are paying for the service with your attendees' data instead of money. The software provider might be passing this data on to third parties. As soon as this is mentioned anywhere that you really should have read, you run the risk of having to explain yourself to your attendees. Primarily because you would have to admit that you did not (sufficiently) familiarize yourself with the software's terms of use but used the system anyway. After such an incident, some visitors would likely prefer not to buy tickets for a conference you organize again and would tell others about their plans. Furthermore, a lengthy legal dispute is something very few organizers would want to deal with. On the surface, the software is supposed to help you organize a conference—and that must also be the provider's stated goal.
You are on the safe side if you only use conference software after the provider has been able to answer the following questions:
- Where is the visitor data located?
Ideally, it is stored on a server within Germany. Data kept abroad may not be sufficiently protected against disclosure or unauthorized access. Legally, special exemptions may apply there that organizers are likely unaware of. In some cases, the GDPR does indeed allow for special provisions in national law. German data protection laws, on the other hand, were very strict even before the new regulation. Who exactly has access to data stored on US servers usually cannot be clearly determined. - To what extent does the provider comply with GDPR requirements?
All EU requirements of the regulation must have been implemented by May 25th. Find out if your chosen software provider can meet this. Also, do not hesitate to address specific points and ask what measures the provider is taking for data protection. If someone has a clear concept, they will be happy to explain it to you without beating around the bush. - Can you be sure that the provider will not pass on user data?
If that is the case, the software provider should commit to it in writing. Read everything thoroughly and pay attention to what is stated about collecting, storing, and sharing attendee data. None of this should happen without your prior consent. - Is the data deleted after the event?
Before you use any conference software, you should already be thinking about the time after the event. That is when the provider no longer needs the conference data. If there is an option to delete it, you can also be sure that the attendees' data will not be passed on even after the collaboration has ended.
Don't let anyone dictate terms to you
Regarding photo and video recordings on-site, this does not mean that you have to hermetically seal off the conference from all partners and service providers. Perhaps your conference is well-suited as a special reference project that the provider would like to feature on their website. If you agree, it is best to set clear guidelines: For example, photography may only be permitted before or after a presentation, and the images must be approved by you before they grace the provider's website. If the software provider dictates the terms alone, however, that is not fair—neither to you nor to the conference attendees.
