GDPR compliance

The General Data Protection Regulation (GDPR) is a key global privacy law. Yet, many companies find it hard to follow it fully¹. Not following it can lead to big fines, up to £18 million or 4% of your yearly sales, whichever is more¹. The GDPR is now a standard in many countries worldwide¹. Are you ready to tackle this law and keep your business legal?

Contents

Key Takeaways

The GDPR is one of the toughest privacy and data protection laws globally, with severe penalties for non-compliance.
Businesses must maintain GDPR compliance to avoid penalties for not complying with the regulations¹.
Data protection strategies play a crucial role in maintaining compliance with GDPR¹.
Checking and reviewing all personal data stored is a fundamental aspect of GDPR compliance¹.
Establishing strict governance to control access to personal data is important for compliance¹.

The General Data Protection Regulation (GDPR) is a key law in Europe. It protects the personal info of people in the European Union². It started in 2016 and took effect in 2018. The goal is to give EU citizens more control over their data and make it easier for businesses worldwide².

Europe’s New Data Privacy and Security Law

The GDPR updates the old 1995 Data Protection Directive for today’s digital world². It sets clear rules for handling personal data. Companies must be open about how they use data and get clear consent from people². People have the right to see, fix, or delete their personal info².

The GDPR affects any company, no matter where it’s located, if it deals with EU residents². This means EU and non-EU companies that handle EU citizens’ data must follow it². The UK has its own GDPR, called the UK GDPR, since it left the EU on January 1, 2021².

“The GDPR is a game-changer, transforming the way organizations handle personal data and raising the bar for data protection and privacy.”

The General Data Protection Regulation (GDPR) changed how we think about data privacy and security. Many companies are still figuring out how to follow its rules³. It sets strict rules for handling personal data, giving people more control over their info³. Companies that don’t follow the GDPR can face big fines. So, it’s key for companies to know and follow the law³.

The GDPR started in 2018³, replacing the old Directive 95/46/EC. It brought in new data protection regulations, more rights for data subjects, and a wider reach⁴. It affects any company dealing with EU citizens’ data, no matter where it’s located³. And it has big fines for those who don’t follow the rules³.

Even though the GDPR has made big strides in data protection laws³, there are still hurdles. Some non-EU companies have found ways to avoid the GDPR³. New tech like AI and blockchain bring new challenges that the GDPR might not cover³. Also, many people just click ‘agree’ without reading the privacy policies, making the GDPR less effective³.

To follow the GDPR compliance, companies need to keep up with EU data laws⁴. The regulatory bodies should update laws to match new tech³. And, countries outside the EU should think about making similar laws for a worldwide standard³.

The GDPR has changed how companies handle personal data. The success of this European Union’s data protection regulation will depend on strong enforcement, new tech, and getting the public involved⁴.

The General Data Protection Regulation (GDPR)⁵ has set up key rights for people about their personal data. These GDPR individual rights and⁵ data subject rights let people control their info better. They make sure companies handle personal data right.

The Right to Access

People have the right to access their personal data held by a company. This lets them check if their data is processed. They can also get the data and info on how it’s processed⁵.

The Right to be Informed

The right to be informed means people get clear info on how their personal data is used. Companies must tell them why data is processed, the legal reasons, how long it’s kept, and their rights⁵.

The Right to Data Portability

The right to data portability lets people get their personal data in a format they can easily use. This makes it easy to move their data between services, helping with choice and competition⁵.

The Right to be Forgotten

Also known as the right to erasure, the right to be forgotten lets people ask for their data to be deleted. This can be done under certain conditions. It helps people control their online presence⁵.

It’s important for companies to respect these GDPR rights. They need strong processes and policies to handle data subject requests well. This shows they care about protecting personal data⁶.

GDPR Individual Rights	Description
Right to Access	Individuals can obtain confirmation of whether their data is being processed and access their personal data.
Right to be Informed	Individuals must receive clear and transparent information about how their personal data is being used.
Right to Data Portability	Individuals can receive their personal data in a structured, commonly used, and machine-readable format, allowing them to transfer data to another service provider.
Right to be Forgotten	Individuals can have their personal data deleted or removed from an organization’s systems, subject to certain conditions.

“Adhering to GDPR principles is not only obligatory but also a means for organizations to exemplify integrity and best practices in data protection.”

⁶

Appointing a Data Protection Officer

The European Union’s General Data Protection Regulation (GDPR) makes it mandatory for companies to have a GDPR data protection officer (DPO). This is needed for companies that handle a lot of data, keep an eye on people, or deal with sensitive data like race or health info⁷.

Responsibilities of a DPO

A DPO’s job is to help the company follow the rules, watch how data is handled, and talk to people about data processing. They also work with GDPR authorities⁸. DPOs in EU jobs are hired for three to five years and can have deputies⁸. They must keep a data processing list and tell the European Data Protection Supervisor (EDPS) about risks⁸.

The GDPR compliance officer teaches people about their rights and what they need to do. They work with the EDPS to make sure data is protected right⁸. Having a skilled DPO is key to showing you follow GDPR and handle personal data well⁷.

“Businesses and organizations within the European Union must comply with the European Union General Data Protection Regulation (GDPR) since May 2018.”⁷

Mapping Your Organization’s Data Flows

To follow the EU General Data Protection Regulation (GDPR), companies need to know all the personal data they collect and how it moves through their systems. They must create a detailed GDPR data mapping or register. This register shows where the data comes from, what kind of data it is, how it’s processed, when it’s deleted, and if consent was given⁹. Doing this mapping is key to making sure all personal data is handled right under GDPR rules⁹.

Data mapping helps companies see what personal data they have and why, spot privacy risks, and meet GDPR needs⁹. It’s also used for Data Protection Impact Assessments (DPIAs) for high-risk data activities⁹. Knowing how information moves includes tracking data within and outside the European Union, and between suppliers, sub-suppliers, and customers⁹.

Important parts of data lifecycle management and personal data inventory are the data itself, its format, how it’s moved, where it’s kept, who can access it, and why it’s being processed⁹. Challenges in data mapping include finding personal data in many formats and places, setting up technical and organizational safeguards, and understanding legal and regulatory rules beyond GDPR⁹.

To help with GDPR, companies can use tools like the Data Flow Mapping Tool, GDPR Data Flow Audit, DPIA Tool, and Live Online GDPR Consultancy⁹. It’s also good to update data mapping regularly to keep up with changes in data activities and laws¹⁰.

The CJEU‘s Schrems II decision said companies must check if the law in the country they’re sending data to protects personal data well enough¹⁰. They should use technical measures too to make sure the data is as safe as it is in the EU¹⁰.

Supplementary Measures for Data Transfers	Description
Contractual Measures	Extra agreements, like better data subject rights or more openness.
Technical Measures	Encryption, hiding data in code, and other tech steps to keep it safe.
Organizational Measures	Rules, steps, and security checks inside the company to protect the data.

By doing thorough GDPR data mapping, companies can make sure they’re handling personal data the right way under GDPR. This helps avoid not following the law and big fines⁹¹⁰.

Keeping a detailed GDPR compliance diary, or data register, is key for companies dealing with the General Data Protection Regulation (GDPR). This log maps out how data moves within the company, from where it comes from to how it’s used and then thrown away¹¹. If there’s a GDPR audit or data breach, this diary shows how the company is working to protect data better¹¹.

Importance of Documentation

The GDPR stresses the need for accountability, making companies show they’re following the rules¹². Keeping detailed records is vital, proving a company’s effort to protect personal data and respect people’s rights¹¹. By checking and improving their data protection, companies can keep up with GDPR rules¹¹.

Tools like DRZ Corporation’s Data 360 help manage regulatory needs, create policies, and keep all documents in order¹¹. Having a Data Protection Officer (DPO) is also key to making sure a company follows GDPR¹¹.

In the changing world of data privacy and security, a GDPR compliance diary is a must-have. It helps companies handle rules with ease and shows they’re serious about handling data responsibly¹².

The GDPR consent requirements have changed the way we handle data. Now, companies must get explicit, affirmative consent before they can collect and use personal data. This change means the power is with the, who can say no or change their mind anytime¹³.

It’s crucial to have strong opt-in consent methods to follow the GDPR. Companies need to be clear about how they will use the data. Users must agree to these terms actively. This ensures consent is given freely, clearly, and without doubt¹³.

From Opt-Out to Opt-In

The move from opt-out to opt-in under GDPR is a big challenge for many companies. It’s okay to get broad consent for research during a pandemic, but you might need more consent for specific projects¹³. Also, consent must be specific, which can be hard. Some authorities might not accept broad consent without more specific approvals for each project¹³.

To deal with these issues, companies need to improve how they manage consent. They should make it easy for users to understand and control their data use. This means being clear, offering detailed consent options, and letting users easily change their minds¹³.

By following the GDPR’s opt-in consent rules, companies can gain trust with their customers. This shows they really care about privacy rights¹³¹⁴. It also helps with following the law and building a strong brand and loyal customers over time.

Key Considerations for Opt-In Consent	Explanation
Freely given consent	Consent must be given without any element of coercion or undue influence.
Specific consent	Consent must be granular and tailored to specific data processing activities.
Informed consent	Users must be provided with clear and comprehensive information about how their data will be used.
Unambiguous consent	Consent must be given through a clear affirmative action, such as ticking a box or clicking a button.
Right to withdraw consent	Users must be able to easily withdraw their consent at any time.

“The GDPR’s comprehensive regulation aims to protect personal data and uphold individuals’ privacy rights, emphasizing the importance of data protection in maintaining trust and brand integrity in the digital age.”

Following the GDPR’s opt-in consent rules can help companies build trust, improve their brand, and show they really care about privacy rights.¹⁴

Penalties for Non-Compliance

Not following the GDPR can lead to big fines for companies. The UK GDPR and Data Protection Act 2018 set a top fine of £17.5 million or 4% of what a company makes each year¹⁵. The EU GDPR also has a top fine of €20 million (about £18 million) or 4% of what a company makes each year for breaking the rules¹⁵.

Smaller fines of up to £8.7 million under the UK GDPR or €10 million under the EU GDPR, or 2% of what a company makes each year, can be given for certain GDPR violations¹⁵. For serious breaches, fines can go up to £17.5 million under the UK GDPR, €20 million under the EU GDPR, or 4% of what a company makes each year¹⁵.

Since 2018, over 865 fines have been given out in the EEA and UK, adding up to more than €1.4 billion (about £1.14 billion)¹⁵. These fines are not mandatory and depend on how serious the breach was, the intent, and other factors¹⁵.

The GDPR covers both automated and non-automated data processing¹⁵. It’s important to follow the GDPR rules about data processing, making sure it’s legal and secure, to avoid big fines¹⁵.

Company	Reason for Fines	Fine Amount
AOL	Compromised user search history data	$5,000 per compromised user
Google	Unwittingly releasing images through Google Street View	$147,000
Disney	Processing children’s data without parental consent	$3 million
Facebook	Collecting sensitive user data without proper consent	€1.2 million

These examples show why following the GDPR is important. Companies that don’t protect personal data, don’t act fast enough after a data breach, or don’t respect data subjects’ rights can face big fines¹⁶.

“The GDPR consists of 99 articles and 173 recitals, and has 6 lawful bases for processing data: Consent, Contract, Legal obligation, Vital interests, Public task, Legitimate interests.”¹⁶

It’s key for businesses in the European Union or those serving EU customers to follow the GDPR. The fines can be huge, and the effects on a company’s reputation and profits can last a long time¹⁵¹⁶¹⁷.

The General Data Protection Regulation (GDPR) covers not just companies that collect personal data but also their vendors¹⁸. It’s key for companies to make sure their vendors follow GDPR rules. They can be blamed if their vendors don’t comply¹⁸.

To make sure vendors follow GDPR, companies might need to do a few things. This includes making detailed data processing agreements, checking on vendors, and watching how they protect data¹⁹. It’s important to pick vendors that know how to follow GDPR rules well. Not following GDPR can lead to big fines¹⁸¹⁹.

Here are some ways to lower the risk of GDPR issues with vendors:

Make data processing agreements with vendors that handle personal data. These should cover their GDPR duties and roles¹⁹.
Do regular checks to make sure vendors keep personal data safe²⁰.
Teach vendor staff about GDPR to help them understand data protection better²⁰.
Have strong processes to keep an eye on vendors and fix any issues fast²⁰.
Keep records of how vendors process data to show you follow GDPR²⁰.

By taking steps to manage vendor data and keep the supply chain safe, companies can make sure their vendors follow GDPR. This helps avoid big fines¹⁸¹⁹²⁰.

Compliance Requirement	Description
Data Processing Agreements	Make formal deals with vendors that spell out GDPR duties and roles for personal data handling.
Vendor Audits	Do regular checks to ensure vendors keep personal data safe with the right tech and rules.
GDPR Training	Give thorough training to vendor staff to boost their GDPR data protection knowledge.
Vendor Management	Use strong processes to watch over and fix vendor issues quickly.
Documentation	Keep detailed records of how vendors handle data to prove GDPR compliance.

“Ensuring vendor GDPR compliance is key for companies to dodge big fines and keep customer trust.”

Breach Notification Requirements

The General Data Protection Regulation (GDPR) sets strict rules for companies to report personal data breaches. If a company finds out about a GDPR data breach, they must tell the supervisory authority within 72 hours²¹. They also need to inform the people affected quickly if the breach could seriously harm their rights and freedoms²¹.

Not following these personal data breach reporting rules can lead to big fines²¹. To meet GDPR standards, companies must have strong privacy incident response plans. They should be ready to quickly handle any data breaches²¹.

Key GDPR Breach Notification Requirements	Details
Notification to Supervisory Authority	Within 72 hours of becoming aware of the breach²¹
Notification to Affected Individuals	Without undue delay if the breach poses a high risk to their rights and freedoms²¹
Potential Penalties for Non-Compliance	Significant fines of up to 4% of annual global turnover or €20 million, whichever is higher²¹

By focusing on GDPR data breach notification and having good privacy incident response plans, companies can lower the risks from personal data breaches. This shows they care about protecting their customers’ info²¹.

Privacy by Design: A Paradigm Shift

The General Data Protection Regulation (GDPR) brings in “privacy by design.” This means companies must add data protection features to their products and services from the start²². This change marks a big move from just reacting to data privacy issues to being proactive and focusing on users.

Transparency and User Control

This shift means being clear about what data is collected and how it’s used²². Companies must tell users what data they collect, how it’s used, and let users control their personal info²². This focus on privacy by design and user-centric data practices helps people feel in control and trust digital services more.

The GDPR’s rules on privacy by design push for more open and responsible handling of data²². Companies must think about data protection from the start of making a product or service²².

“Privacy by design is about building in privacy from the start, not bolting it on at the end.”

This way of handling privacy helps users feel secure and trust digital services more²². With more devices connecting to the internet, like toothbrushes and dolls, strong privacy by design practices are more important than ever²².

Conclusion

The General Data Protection Regulation (GDPR) has changed how the world handles personal data²³. It was adopted in April 2016 and took effect in the European Union by May 2018²³. This law sets new rules for collecting, processing, and protecting data. It aims to protect people’s privacy and build trust between consumers and companies.

Getting GDPR compliant is hard but important for companies²⁴. Over 2,200 fines have been given out for not following the GDPR, including big fines for companies like Meta, Amazon, and TikTok²⁴. By following the GDPR, companies can keep their customers’ data safe and lead in data privacy and security.

The GDPR’s effects go beyond Europe, starting talks on a global approach to data protection²³. But, developing countries might struggle to follow the GDPR because of technical issues, simple courts, wanting to grow, and the risk of being taken advantage of²³. Still, the GDPR has made the European Union a leader in protecting privacy in the digital world²³.

FAQ

The GDPR is a tough privacy law from the European Union. It protects personal data of individuals. It gives people more control over their information. Companies that collect, process, or store personal data must follow strict rules.

The GDPR affects any company that sells goods or services in the European Union. This includes companies inside or outside the EU. It covers data controllers and processors, who handle personal data.

The GDPR gives individuals eight key rights. These include the right to see their data, know how it’s used, and move their data. They also have the right to forget their data. Companies must respect these rights or face big fines.

What is the role of a Data Protection Officer (DPO)?

A Data Protection Officer (DPO) is key for GDPR compliance. They make sure the data protection strategy is followed. They advise on GDPR rules, check data handling, and talk to data regulators.

Data mapping is crucial for GDPR compliance. It helps understand all personal data collected and how it moves through the company. A detailed data map shows data sources, types, processing, disposal, and consent status.

A GDPR compliance diary, or data register, tracks an organization’s GDPR efforts. It maps data flow, showing sources, processing, and disposal methods. This diary proves the organization’s data protection efforts and helps in audits or data breaches.

The GDPR demands clear, active consent for data collection and processing. This is a change from the old “opt-out” method. Users must agree to data collection and can withdraw consent anytime.

Non-compliance can lead to fines up to £18 million or 4% of a company’s global income. These fines aim to make ignoring GDPR costly for all businesses. Companies that don’t protect data or follow rules can face these big fines.

The GDPR affects not just companies that handle personal data but also their vendors and suppliers. Companies must make sure their whole supply chain follows GDPR rules. They can be blamed for their vendors’ mistakes.

Companies must report data breaches to authorities within 72 hours. They also need to tell affected individuals quickly if the breach is serious. Not following these rules can lead to big fines.

“Privacy by design” means adding data protection into products and services from the start. It’s a big change, focusing on making privacy a key part of business. This approach puts users first, making privacy more transparent and user-controlled.