5,117,178
If you make this a policy, agents need to comply or go elsewhere. But you do then have to be consistent in application of the rule... no "holding back" on top producers whose departure could impact your bottom line. Unfortunately, in this business I've seen lots of rules bent for top producers over the past 25 years.
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Brenda Mayette
Glenville, NY
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Debbie Gartner
White Plains, NY
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Fred Griffin Florida R...
Tallahassee, FL
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Ron and Alexandra Seigel
Carpinteria, CA
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Kathleen Daniels, Prob...
San Jose, CA
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Michael Jacobs
Pasadena, CA
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Lyn Sims
Schaumburg, IL
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Mary Yonkers
Erie, PA
3,071,589
If I'm that concerned I would pay a 3rd party to bring them into compliance...it's a tough sell to tell agents they have to keep working on their website just because the EU passes a law, or Timbuktu for that matter. Where does it end?
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Kathleen Daniels, Prob...
San Jose, CA
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John Juarez
Fremont, CA
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Lyn Sims
Schaumburg, IL
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Tony and Suzanne Marri...
Scottsdale, AZ
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Debe Maxwell, CRS
Charlotte, NC
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Mary Yonkers
Erie, PA
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Nina Hollander, Broker
Charlotte, NC
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Michael Jacobs
Pasadena, CA
3,416,038
Give them notice, make sure a plan in place, make usa only or take down
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Brenda Mayette
Glenville, NY
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Kathleen Daniels, Prob...
San Jose, CA
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Debe Maxwell, CRS
Charlotte, NC
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Mary Yonkers
Erie, PA
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Nina Hollander, Broker
Charlotte, NC
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Michael Jacobs
Pasadena, CA
5,246,557
Give them notice to become compliant or take down the site. Failure to do one or the other could lead to dismissal. The alternative would be a written communication from them that they are compliant. Monitoring several websites could be taxing and impossible. The English are off their rocker!
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Kathleen Daniels, Prob...
San Jose, CA
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Lyn Sims
Schaumburg, IL
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Debe Maxwell, CRS
Charlotte, NC
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Mary Yonkers
Erie, PA
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Nina Hollander, Broker
Charlotte, NC
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Michael Jacobs
Pasadena, CA
5,258,986
First, you would have to update their Contract with you, to include this requirement. I would find someone who could perform this function for them, giving them a solid recommendation(or two) and the cost quoted to have this done for them.
If not done within __ amount of time, then they are non-compliant with your Independent Contractor Agreement and must find another place to hang their license.
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Michael Jacobs
Pasadena, CA
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Mary Yonkers
Erie, PA
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Lyn Sims
Schaumburg, IL
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Tony and Suzanne Marri...
Scottsdale, AZ
637,484
This is an excellent question. One thing I would do in our employment agreement is that they give me a list of websites that they have, after all, it advertises MY BROKERAGE as well and I need approval rights. In our employment agreement state that the website has to be compliant at all times. It is a firing offence. It should not be a hit or miss situation since they HAVE to advertise ME, their broker, on their website and it falls on my shoulder if it is not. This goes for any advertising as well. After all, who does the real estate commission go after if someone "catches" the non-compliance? I feel very strongly about this.
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Ron and Alexandra Seigel
Carpinteria, CA
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Kathleen Daniels, Prob...
San Jose, CA
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Michael Jacobs
Pasadena, CA
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Debe Maxwell, CRS
Charlotte, NC
4,907,547
I would give them the specific rule they are in violation of, give them a couple of days to get into compliance or take the site down until they are in compliance. If they refuse I would return their license to our state real estate commission.
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Michael Jacobs
Pasadena, CA
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Lyn Sims
Schaumburg, IL
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Debe Maxwell, CRS
Charlotte, NC
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Mary Yonkers
Erie, PA
1,555,100
Written Warning then fire them, if this creates exposure for you. Yes, we're independent contractors, but we need to be compliant.
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Mary Yonkers
Erie, PA
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Michael Jacobs
Pasadena, CA
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Lyn Sims
Schaumburg, IL
1,153,794
If the issue is important to my Broker / Chief then it should also be important to me. The answer is clear, notice has been given.
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Michael Jacobs
Pasadena, CA
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Mary Yonkers
Erie, PA
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Roy Kelley
Gaithersburg, MD
1,326,624
Since we are in America and the law in question is not one of our laws, I think a broker may be overstepping the broker/agent agreement by requiring compliance with GDPR.
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Mary Yonkers
Erie, PA
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Kathleen Daniels, Prob...
San Jose, CA
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Michael Jacobs
Pasadena, CA
1,847,911
I am currently only using their sanctioned/approved sites. I do not know if they are compliant. They should be taken down until they are.
Good question as to who will do that? How can you basically cut a website that is under someone else's control? You are 'entitled' to do it for compliance but chances of doing it are zilch.
Thank you for the thought producing question Corinne.
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Mary Yonkers
Erie, PA
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Kathleen Daniels, Prob...
San Jose, CA
1,231,853
Good morning, Corinne Guest, Managing Broker
Thanks for posting this dilemma faced by many brokers/managers. Pennsylvania REC, Real Estate Commission, has become concerned about compliance. The next Continuing Education cycle will include this topic.
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Roy Kelley
Gaithersburg, MD
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Michael Jacobs
Pasadena, CA
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Debe Maxwell, CRS
Charlotte, NC
2,785,606
Find someone and support them to a solution
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Michael Jacobs
Pasadena, CA
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Debe Maxwell, CRS
Charlotte, NC
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Mary Yonkers
Erie, PA
544,014
Train them on GDPR. Have all agents sign that they are trained on it.
Give everyone reasonable time to get into compliance.
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Michael Jacobs
Pasadena, CA
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Debe Maxwell, CRS
Charlotte, NC
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Mary Yonkers
Erie, PA
4,584,596
Reading and "soaking" it in.
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Debe Maxwell, CRS
Charlotte, NC
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Mary Yonkers
Erie, PA
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Nina Hollander, Broker
Charlotte, NC
1,507,073
At this point I wouldn't worry about it. GDPR is still being defined and people are still wrapping their heads around what it means to be compliant. Service providers such as Google Analytics, WordPress and associated plugins are still struggling to become compliant themselves.
Personally, I practice and preach the principal of "less is more" when it comes to data collection. I block non US visitors from my site, I don't collect personal information and I don't use cookies. I was GDPR compliant when it was still a wet dream in some EU person's mind.
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Michael Jacobs
Pasadena, CA
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Kathleen Daniels, Prob...
San Jose, CA
5,773,367
Corinne,
I think this has been overblown in many ways. It deals with privacy and cookies. And it is not as onerous as its made out to be, and I think that it protects our privacy as well. Google and FB will not have all the data that they do now to push stuff at us. As a broker, I would have them add it to their privacy policy page a few paragraphs that an attorney has blessed.
It is required for companies with 250 employees. Under that, if you are doing business with the EU. Here is an article that I would recommend.
If your agents refuse, and I do not see a reason, show them the door.
A
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Michael Jacobs
Pasadena, CA
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Roy Kelley
Gaithersburg, MD
3,350,764
Among the many reasons I do not have, nor do I want, the responsibility for other agents. I believe my Hosting company with my VPS has the IPs blocked. I need to look into this MORE. I've asked Peter but still need to drill down on this more.
Update: I called my hosting company and I now have a 5-page certificate of compliance signed by the CFO.
Next step is to review my privacy policy Corinne Guest, Managing Broker
Given that I broke a bone in my foot, I am now in "forced" time out to get this taken care of.
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Michael Jacobs
Pasadena, CA
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Fred Griffin Florida R...
Tallahassee, FL
5,583,328
I agree with Tony and Suzanne Marriott, Associate Brokers
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Roy Kelley
Gaithersburg, MD
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Michael Jacobs
Pasadena, CA
7,871,831
Share your advice but you can't control the websites of independent contractors.
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Michael Jacobs
Pasadena, CA
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Debe Maxwell, CRS
Charlotte, NC
766,969
Eventually they would need to be let go but that would be once it was overly obvious that they just didn't dare.
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Michael Jacobs
Pasadena, CA
509,449
My brokerage right now is reviewing all agents' websites and social media. Other brokerages that I have talked to are not doing it or not yet. There are tons of brokerages here in DFW and I doubt that every broker is doing this compliance thing. Look, there are so many rules put on property management in Texas years ago and yet I have seen so many homes not in compliance. Many of these people are still in business and have been in business for 20+ years. Some 30+ years and most of these people hold their broker license. Go figure!
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Michael Jacobs
Pasadena, CA
2,684,769
Hypothetical, since I have no agents:
I want administrative rights to the websites of any agents that hang their license with me. If the website is not compliant, I will take it down.
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Michael Jacobs
Pasadena, CA
4,968,122
5,879,826
If you have no access to their web sites, then put a fine in place until they are compliant.
4,434,177
4,800,132
It's your call. Though, I would try to find out just how much jeopardy this will expose you to.
4,319,873
Corinne Guest, Managing Broker - most brokers have 'different' rules for different agents!
6,426,155
3,986,308
Each person may have an idea of how much they want to work their web site.
The web site doesn't make the agent and your best agent my be the least tech of all
3,988,013
We just had a major branding change and have asked all agents to send their websites logos to see if they are compliant. Few have done it so it will require policing. That is part of being a broker.