Is This More Than Just a Gift? Ethical Uncertainty in Business Holiday Season

A Festive Dilemma in the Corporate World

The holiday season, with its spirit of giving, often extends into the workplace. But in the corporate world, this tradition of exchanging gifts can lead to a complex situation. Imagine you’re a corporate account manager or an IT manager, and a client or a team member sends you a gift as a token of appreciation. What seems like a simple act of kindness can quickly become a nuanced decision about ethics and professionalism.

The Corporate Account Manager’s Predicament

Suppose you’re a corporate account manager in a regulated industry, such as finance or healthcare. You’ve recently clinched a significant deal for your company, and in response, a client sends a lavish gift to your office. In regulated sectors, where the scrutiny and the rules are obvious, the implications of accepting such a gift are even more pronounced.

To draw a parallel, consider the relationship between a footballer and a referee in a high-stakes match. If a footballer were to present the referee with an expensive gift post-match, it would not only raise questions about the referee’s impartiality in future games but also potentially breach the regulations governing the sport. It could undermine the trust in the fairness of the game, much like how accepting a gift in a regulated corporate environment could erode confidence in the company’s commitment to ethical business practices.

This little act of ‘generosity’ could seriously ding the trust fans have in the sport’s fairness – “Was that last penalty a bit too generous, ref?” – echoing how accepting a fancy gift in the scrutinised world of corporate dealings might have people wondering if you’ve swapped your business hat for a party hat. It’s a reminder that, whether you’re on the pitch or in the office, playing it straight is not just good sense, it’s the only way to keep the game, or your business reputation, clean and above board.

The IT Manager’s Conundrum

Or consider being an IT manager who’s successfully implemented a software upgrade. A team member, pleased with the smooth transition, gifts you a lavish present in appreciation. Even though it’s a nice token, accepting it could set a precedent, unintentionally implying that gifts are a way to receive better service or favouritism in the workplace.

Employers and Gift Policies

This scenario underscores the importance for employers to have clear, well-communicated policies regarding gift acceptance. These policies help employees understand where the line is drawn, preventing any misunderstandings or uncomfortable situations. A good policy should be straightforward and easily interpretable, covering various scenarios that an employee might encounter.

The Power of Gifting: Building Bridges and Boosting Revenue

Research by Corsight among 300 corporate gift buyers reveals a significant impact: 80% report that gifting has strengthened client relationships, with 48% noting substantial benefits including enhanced customer loyalty (43%) and making clients feel valued (45%).

In a fascinating study, University of Zurich researchers found that small gifts at the start of negotiations could more than double revenue. Sales reps in a pharmaceutical company, for example, saw a staggering 300% increase in sales revenue when negotiating with store managers after offering small gifts.

Emotional Connection: A High-Value Asset

The impact of gift-giving extends beyond immediate business transactions. A survey of 1,254 corporate gift recipients showed that 83% felt closer to the company that sent the gift. This emotional connection is not just a feel-good factor; it translates into tangible business benefits. Data from Motista suggests that “emotionally connected” customers have a 306% higher lifetime value (LTV), staying with a brand longer and recommending it more frequently.

Retention and Revenue: The Bottom-Line Benefits

Gift-giving can also be a potent tool for customer retention. According to Bain & Company, just a 5% increase in customer retention can boost profits by 25% to 95%. Repeat customers, nurtured through gestures like thoughtful gifting, spend significantly more than first-time customers.

The Ethical Tango: Balancing Gifts and Governance

But here’s the twist, while the benefits of gifting are clear, the act of gift exchange in a corporate setting remains a delicate balance. As we’ve seen with the scenarios of a corporate account manager or an IT manager, the ethics of accepting gifts can be complex. For employers, crafting a clear, nuanced policy on gifts is essential – one that acknowledges the benefits of gifting while safeguarding against conflicts of interest.

Refusing a gift can be as tricky as deciding whether to accept it. It’s important to handle the situation tactfully to avoid offending the giver while adhering to company policy. A simple yet sincere explanation of the company’s policy on gift acceptance can often suffice.

When Gift-Giving Gets Complicated

The complexity of accepting gifts in a corporate setting is not to be underestimated. A gift, however well-intentioned, can be misinterpreted as an attempt to curry favor or influence professional judgment. It’s a tightrope walk between maintaining professional integrity and nurturing business relationships.

The Bottom Line

As the holiday season approaches, employees and employers alike should be mindful of the implications of gift-giving in the workplace. Understanding and adhering to company policies, while navigating these situations with tact and transparency, is key to maintaining both professional ethics and the festive spirit.

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Post-Brexit: data protection
Card processor sends sensitive data to wrong address
24 August 2022

Worldline SA subsidiary Payone GmbH has been accused of breaching data protection rules after it sent sensitive employee payroll information to the wrong address by accident. The Worldline Group holdS a 60% stake in the Frankfurt based company who have a small UK market presence.

In June 2021, one of Payone GmbH’s ex UK employees (the data subject) received a “potential data breach notification” from the firm advising him that his salary, National Insurance data, nationality (Special Category Data) was amongst various bits of information sent to an incorrect home address.

This included personal information such as the former employees name, age and address.  It also included details such as the date of birth and the amount of annual work bonus he received in his bank account amongst other identifiable data.

Payone GmbH confirmed that this document was sent out in error following an employee making a mistake when re-entering data processed by their third-party payroll provider.  The error arose when the employee was fulfilling an Article 15 GDPR request. The error was spotted by the data subject when he noticed in an email version of the document that the postal address was incorrect. An attempt to notify Payone GmbH of the error went in vain as the document was already irretrievably despatched.

The data subject was alarmed with the incident which exposed him to the possibility of fraudulent activity, amidst reasonable fears his data could end up on the dark web and used by criminals.  Habitually resident in the UK he complained to the Information Commissioner’s Office (ICO) in June 2021. He similarly raised the concern in Germany via The Hessian Commissioner for Data Protection and Freedom of Information (HBDI).

The ICO reprimanded Payone GmbH for the error in their final decision letter.
Similarly, the HBDI cited a violation of Article 5(f) of the General Data Protection Regulation (GDPR) relating to integrity and confidentiality.

The ICO stated in their July 2021 findings that Payone GmbH, “should take steps to ensure that all personal data records are accurate and up to date. Holding inaccurate information, such as addresses, does increase the risk of personal data breaches and poses risks to the security of information”.

The HBDI confirmed in their October 2021 findings that Payone GmbH had taken remedial action. They concluded that a monetary fine would not be imposed on Payone GmbH as they had taken technical and organisational steps in response to the data breach. Data subjects could now request their data in an autonomous portal.

The GDPR, which came into effect in 2018, gave the Information Commissioner’s Office greater powers to tackle data breaches. The new ‘UK GDPR’ charts its own course after Brexit whilst seeking to maintain EU GDPR adequacy.  In extreme scenarios, organisations face penalties of up to £20m or 4 per cent of their global worldwide turnover, whichever is more.

In the years prior to GDPR, the ICO fines were capped at £500,000.

The data subject said: “I am just glad I spotted it; they were going to resend the document again to another wrong address. Prior to Brexit the process would have been commenced via the ICO who in turn would liaise with the HBDI on the data subjects’ behalf; but I found myself communicating with both authorities separately which was an additional step but in the end was surprisingly
effective. Unfortunately, Payone GmbH again sent my incorrect address to the
Workers Pension Trust in January 2022, and documents yet again went to the wrong address. In my opinion they have not learned from the first time and my complaint is sitting with the ICO yet again”.

The former employee is pursuing a remedy under Article 82 UK GDPR via
the Court’s of England & Wales.

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