There are three keys areas organisations should know about concerning the EU GDPR legislation. GDPR focuses on the core areas of data governance, data management, and data transparency.
In this blog, we will review the three key GDPR domains will aim to protect individuals and enforce tougher measures on organisations that handle personal data.
DATA GOVERNANCE
Data governance is how data controllers exercise their control and compliance over their data assets. This area is important to ensure you are maintaining compliance while navigating GDPR.
- Breach Notification: Any data breaches an organisation may encounter must be communicated within 72 hours and to any affected data subjects and the ‘controllers’ of the data without undue delay if the breach may result in a high risk to rights and freedoms.
- Privacy by Design: With this provision, businesses must begin to consider the nature of data privacy at the onset of starting a project as well as throughout the data processing lifecycle. A company will need to design for privacy during any data control or processing phase.
- Vendor Management: Vendors and third parties will face the regulatory scrutiny of GDPR as well. Any processor or controller of data must keep details records of any processing activities done with data.
Take a look at this NEW infographic on how you can prepare for the EU GDPR.
DATA MANAGEMENT
Data management is how data controllers and processors will handle the processing activities. It’s important that the data is managed to GDPR compliance in the following areas.
- Data Erasure (the right to be forgotten): Individuals can now request the deletion of personal data even if the data is public. In addition, individuals may also request that personal data not be processed in particular circ*mstances which can be found here.
- Data Processing: Organisations must maintain internal records of all data processing activities under GDPR. The information recorded will need to include the name and details of your organisation, purposes of the data processing, description of categories of individuals and personal data, recipients of personal data, the details of data transfers, and data retention schedules. Organisations may want to consider automated cryptographic protection controls for transparent automatic email and attachment encryption.
- Data Transfers: Under GDPR, businesses will be prohibited from transferring data from outside the EU to a third country that does not have adequate data protection laws. The European Commission approves countries with “satisfactory” data protection laws and maintains a list of “approved countries” here.
- Data Protection Officer (DPO): Any data controller processing more than 5000 data subject records in a 12-month period are required to have a Data Protection Officer. A DPO will monitor your GPDR compliance and conduct data protection assessments as well as train staff on overall policies. A DPO can support one company or a group of companies or a group of public authorities under GPDR. Your DPO must have the necessary skill sets to advise the organisation and employees to comply with GPDR and other data protection laws. It’s worth noting, an organisation does not need to hire new personnel to fill the DPO, they simply need to have a qualified and authorised individual assigned to the role as DPO.
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DATA TRANSPARENCY
Data subjects will have additional rights under GDPR. Data controllers will need to be mindful of the following areas under GDPR.
- Consent: Organisations that are processing personal data must be able to demonstrate that the person with whom the data relates to has given their consent to use that data. Individuals also have the right to withdraw their consent at any time, and the company must make it easy for an individual to withdraw their consent.
- Data Portability: Under GDPR, data subjects in the EU can obtain a copy of the data from the service provider and request to take their data. Under GDPR, data subjects will be able to move, copy or transfer data easily from one service provider to another without hindrance to usability.
- Privacy Policies: Companies must provide disclosures about data processing to data subjects, and the rights of customers must be easily interpretable and easily accessible.
It is critical for organisations to prepare for the implementation of the EU GDPR with a thorough and planned procedure. GDPR impacts the technology, people, and processes required to address the readiness of data privacy. You will need to start planning for your customized approach to GDPR compliance as early as possible, ensuring consistency throughout your organisation.
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As an expert in data privacy and GDPR compliance, I have extensive experience navigating the intricacies of the EU GDPR legislation. My expertise is grounded in a solid understanding of the three key areas that organizations should prioritize concerning GDPR: data governance, data management, and data transparency.
Data Governance: Data governance is the foundation of GDPR compliance, ensuring that data controllers maintain control and compliance over their data assets. Key concepts in this domain include:
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Breach Notification: Organizations must communicate any data breaches within 72 hours to affected data subjects and data controllers, especially if the breach poses a high risk to rights and freedoms.
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Privacy by Design: Businesses are required to consider data privacy from the project's onset throughout the entire data processing lifecycle.
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Vendor Management: GDPR extends its regulatory scrutiny to vendors and third parties. Any entity handling data must maintain detailed records of processing activities.
Data Management: Data management involves how data controllers and processors handle processing activities while adhering to GDPR compliance. Important aspects include:
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Data Erasure (Right to be Forgotten): Individuals can request the deletion of personal data, even if it's publicly available, and may restrict processing under specific circ*mstances.
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Data Processing: Organizations must maintain internal records of all data processing activities, covering various details such as the purpose, categories of individuals, recipients, data transfers, and retention schedules.
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Data Transfers: GDPR restricts data transfers to countries without adequate data protection laws, as approved by the European Commission.
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Data Protection Officer (DPO): Organizations processing over 5000 data subject records annually must appoint a DPO. The DPO monitors GDPR compliance, conducts assessments, and ensures staff training.
Data Transparency: Data transparency focuses on the additional rights granted to data subjects under GDPR. Key elements include:
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Consent: Organizations processing personal data must demonstrate that individuals have given consent, which can be withdrawn at any time.
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Data Portability: Data subjects in the EU have the right to obtain a copy of their data from a service provider and can easily move or transfer their data between providers.
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Privacy Policies: Companies must provide clear disclosures about data processing in easily interpretable and accessible formats.
In conclusion, organizations must prepare thoroughly for GDPR implementation, considering the impact on technology, people, and processes. A customized approach to GDPR compliance is essential for consistency throughout the organization, addressing the complexities of data privacy and ensuring a seamless transition to GDPR readiness. If you found this information helpful, feel free to share your thoughts in the comments below.
