The General Data Protection Regulation (GDPR) went into effect in May 2018, establishing a stricter set of rules around how organizations can collect, process, and store personally identifiable information (PII) of European Union (EU) citizens. Non-compliance with GDPR regulations can result in significant fines of up to 4% of global annual turnover or €20 million - whichever is greater. As a result, it is imperative for organizations worldwide to understand GDPR requirements and ensure compliance.
Key aspects of GDPR regulations
GDPR covers a broad range of regulations concerning the processing of personal data. Some of the key aspects organizations need to be aware of include:
- Consent Requirements
Under GDPR, consent must be freely given, specific, informed and unambiguous. Organizations cannot use long illegible terms and conditions full of legalese to claim consent was given. The request for consent must be presented in a manner which is clearly distinguishable, intelligible and easily accessible. Consent should be given through a clear affirmative action, rather than an opt-out or pre-ticked boxes. Additional requirements around gaining explicit consent from children under 16 add another layer of complexity.
- Data Breach Notification
GDPR mandates that any data breach affecting personal data must be reported within 72 hours to the relevant supervisory authority. In addition to notifying authorities, individuals affected by the breach also need to be notified without undue delay. Organizations are required to keep detailed documentation of all breaches, regardless of whether notification is required.
- Right to Access
Under GDPR, individuals have the right to access any personal data an organization holds on them as well as request for inaccurate data to be corrected. Organizations are required to respond to such requests within one month, with the potential for extensions in specific circumstances.
- Right to be Forgotten
Also known as "Data Erasure", individuals can request for all their personal data to be removed without undue delay. Organizations would need to balance the "right to be forgotten" against other factors such as freedom of expression and compliance with legal obligations. Specific exceptions could apply in some cases.
- Data Protection by Design and Default
GDPR mandates organizations incorporate data protection measures right from the initial stage of system design and throughout the entire data lifecycle. Default settings must be privacy friendly and provide the highest level of security appropriate to the risk.
Understanding the need for GDPR compliance services
Compliance with GDPR regulations affects organizations across different business units and processes. It involves not just IT implementations but also requires process and policy changes. Given stringent penalties for non-compliance, organizations need to ensure comprehensive GDPR programs are established to assess gaps and drive ongoing compliance. This is where specialized GDPR consulting and compliance services come into play.
- Compliance Assessments and Gap Analysis
Compliance experts can help conduct a thorough data protection impact assessment of an organization's existing practices to identify gaps against the GDPR requirements. They evaluate the entire personal data processing lifecycle and provide remediation recommendations.
- Privacy by Design Consulting
GDPR emphasizes data protection measures being built-in from the ground up. Compliance consultants provide guidance on incorporating privacy enhancing technologies, minimizing data collection and retention periods, data anonymization practices etc. in line with privacy by design principles.
- Policy and Procedure Development
Consent frameworks, data subject rights procedures, breach notification plans, records of processing activities - GDPR Services requires documentation of various internal policies and standard operating procedures. Experts help craft compliant documentation tailored to an organization's needs.
- Vendor and Third Party Risk Management
GDPR holds organizations accountable for personal data handled by third parties. Compliance experts evaluate vendor relationships and contracts to ensure adequate security and confidentiality commitments as well as verify third party adherence over the long term through audits.
- Ongoing Training and Awareness programs
Compliance is an ongoing effort that needs continuous reinforcement. Regular training keeps employees at all levels updated on their roles and responsibilities. Consultants help design and deliver targeted training curriculums.
Evaluating different compliance service provider options
With GDPR being a complex regulation, organizations should choose service providers with deep expertise built through hands-on experience. Some aspects to consider include:
- Certifications and accreditations that validate technical competencies
- Industry specific implementation experience and success stories
- Team composition consisting data protection officers and legal experts
- Flexible commercial arrangements - fixed fee or pay per use models
- Robust audit practices and compliance validation framework
- Ongoing support through a single point of contact
- Thought leadership through guidance documents, webinars, conferences
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