A number of PACEY members have alerted us to an issue with childcare voucher supplier Sodexo. A number of members were sent a data agreement form stating that they were a data processor of Sodexo's data and therefore needed to establish an agreement supplied by Sodexo that members were told to sign.
However, this information distributed by Sodexo to all childcare providers using their service is incorrect. PACEY has since been in contact with Sodexo to raise this as a concern. They have issued the following statement:
"The protection of child data is our utmost priority and therefore we need to ensure this is at the core of our GDPR approach. We have listened to the feedback from our childcare providers and realise that our communications appear a little over-complicated. We're therefore working on a more straightforward solution and we will be communicating this within the next few days"
Whilst we now have to wait for the revised communication from Sodexo, it is clear from ICO advice that childcare providers would not be considered a data processor in this instance.
PACEY have now offered the following advice to members:
“PACEY has raised this issue with Sodexo and made clear ICO’s advice is that members and other childcare providers are NOT processing their data. In fact Sodexo is processing their personal data. So Sodexo’s current approach is incorrect. We are advising our members NOT to fill in the current Sodexo form nor the new one (when it is sent out). If you have already returned their form, you should email them again to say you want to “rescind it, as you are now aware they have incorrectly identified you are a data processors”. Once we have a copy of the new Sodexo form, PACEY will seek legal advice on it and share this with members and Sodexo. We expect this legal advice will reinforce what the ICO has already said. This means our current advice to members is unlikely to change. We will then try to work with Sodexo to stop them making this unnecessary request of their customers.”
Thank you to those members who have emailed in and messaged us on social media to raise this as an issue. PACEY is committed to tackling unnecessary red tape and other issues that distract you for your important work. We continue to work with Sodexo to try to resolve this issue and will keep members up to date via our website and social media - #childcarechampions.
UPDATE: 21 May 2018
We wanted to update you on the discussions PACEY has been having with Sodexo, the voucher company, following concerns raised by many members last week. We’ve persuaded Sodexo to revisit their plan to require all childcare providers using their vouchers to sign a data processing form to meet their GDPR requirements. They have now confirmed that providers don’t need to complete any form at all. This is great news and they’ll be sending out a communication confirming this later today.
Find support for GDPR over on our spotlight.