Defining GDPR Compliance & Requirements
Which is the most stringent privacy regulation in the world? Indeed, it is the GDPR – EU’s data privacy and security law!
Let’s not wait any further, we head to define the term in detail and know how the requirements shape up by unfolding the article.
What is General Data Protection Regulation (GDPR)?
The European Union’s General Data Protection Regulation (GDPR) mark a set of rules that applies to organizations for effectively managing the personal data of EU data subjects. It means the law wants to ensure core privacy and protection of personal data related to EU citizens.
The regulation under GDPR applies to all: –
- Organizations that collect and control personal data from EU citizens.
- Organizations processing this data on behalf of other entities.
My company is in the UAE (outside of EU), does GDPR apply?
The GDPR is a regulation that secures EU citizens. If your company deals with EU citizens now, or you prefer to in the future, you will be impacted. This applies to both citizens residing in an EU State and those living elsewhere.
So, if your organization sticks outside EU member states but handles and maintains EU citizen data, you require compliance with the standard. It implies that the regulation scope of GDPR doesn’t limit within the EU. It eventually goes beyond borders if organizations get related to EU citizen data. So, compliance is moving as a global requirement.
Here is where GDPR Compliance Consulting Services proves the ultimate aid for organizations to stick with all mandatory requirements falling under the standard. So, What next? Let’s first discuss what challenges come your way while looking to comply or adhere to the privacy regulation.
What Challenges do organizations face while adhering to the law?
The fact about GDPR is that the law protects its customers on one end and reflects betterment for enterprises on the other. Enforcing the regulation requirements can reinforce an organization’s cyber security posture, improve its policies and procedures, and enhance customer trust. However, the strict privacy regulation also carries several challenges with its tail. And before moving on to the specific regulatory requirements, let us swift-explore those cornerstones.
– Lack of readiness
Staying compliant with GDPR is considered a challenging task by most enterprises. It can be due to the lack of understanding of the regulatory guidelines. And sometimes, it can also be because of its complexity level. It might be hard for an organization to consolidate years of data. Also, training new employees on new security perspectives could be far-reaching for them. You can engage with an experienced GDPR Compliance Consultant Team to experience the difference.
– Managing external parties
GDPR also requires all vendors, contractors or third parties to follow protection measures that align with the regulation. In other words, if your organization uses third parties to use data, you must ensure that they are GDPR compliant. It is also clear that if your external party suffers a data breach, you will also go liable for penalties and fines. Hence, organizations need to oversee the processing activities of external parties as well: –
*How they handle and control data
*What protocol do they follow in case of a breach
*Whether their practices & policies are GDPR compliant
– Meeting your security demands
GDPR requires organizations to have protections like identity and access management, encryption techniques and an incident response plan ready at the time of a cyberattack. However, meeting every obligation specified in the law could be challenging for many enterprises. It isn’t just enough for organizations to procure different security tools and technologies from the market. They need to maintain a security strategy with round-the-clock monitoring. And this requires you to seek the aid of security experts capable of delivering strategies & monitoring functions.
– Inexact and unclear wordings
The ambiguity of GDPR is always a talking point. GDPR is open-ended and has minimum clarity at various junctures, like the roles and responsibilities of the data controller. One example of vague writing is clear from the definition of personal data in GDPR. It says, “Personal data is any information relating to an individual’s personal, public, or professional life”. The statement is literally unclear as these data can be anything from medical records to pictures and snaps shared on an individual’s social profile.
But beyond every challenge that the regulation reflects around its boundary, it is one universal law that locks the privacy gate of global entities. Now, let us navigate through the ten most critical requirements specified under the GDPR.
What are the 10 GDPR compliance requirements?
1. Lawful, fair & transparent processing
All organization’s scoped under the GDPR would require processing data in a lawful, fair, and transparent manner. Here ‘lawful’ means that entities should process data based on a legitimate purpose. ‘Fair’ means it should not use the data for any other purpose beyond the required. And ‘transparent’ means to clearly inform the data processing activities of the corresponding data subjects.
2. Limitation of purpose, data & storage
Collect, process, and keep only the required! One of the vital factors to look at while conducting a GDPR Compliance Assessment is limiting an organisation’s data processing activities to only the required. Entities should not keep any further data after completing the processing activities. For this, you need to: –
– Bar processing data outside the legitimate purpose
– Not collect data beyond what is required
– Delete or shred data once the purpose gets fulfilled
3. Data subject rights
GDPR allows the data subjects the right to question – the information an entity has about them and what it does with that. Additionally, the data subjects also get the right to ask for corrections, object to processing, delete, transfer, or lodge a complaint in case of need.
If an entity needs to process data beyond the requirement to which it was collected, they need to get clear and explicit consent from the data subject. It should also be well-documented, and the data subject has the right to withdraw the consent at any time. In the case of children’s data, GDPR mandates the need to take explicit consent of their parents if they are under 16 years.
5. Personal data breaches
All organizations under the scope should maintain or hold a Personal Data Breach Register. And depending on the severity, the data subjects should be well-informed within 72 hours of identification of a breach. In case of a breach encounter,
-Inform the Data Protection Officer
-Assess, scope, and identify the impact
-DPO should notify the relevant parties
-Reduce the risk and refine breach results
-Review and monitor
6. Privacy by design
Under GDPR, entities must include organizational and technical mechanisms to safeguard personal data while designing new systems and processes. It means that privacy and protection features should go assured by default.
7. Data protection impact assessment
If an entity initiates a new project, change, or product, a data protection impact assessment is required to evaluate the impact of the changes. In other words, entities will need an impact assessment when there is a significant change under data processing.
8. Data transfers
GDPR also mandates that the controller ensure the privacy and protection of personal data transferred beyond the entity to a third party or other entity or the within the same entity.
9. Data protection officer
If an entity involves significant processing of personal data, it should assign a Data Protection Officer (DPO). The DPO should be responsible for advising entities about following the EU GDPR guidelines and best practices in compliance with the regulation.
10. Awareness & training
All employees must have a clear and sound knowledge of GDPR requirements. For this, awareness and training are vital. Regular employee training can help you stay aware of the responsibilities about the security of personal data and discovering breaches early.
So far, we have traversed ten requirements under the GDPR. It is needed that organizations that deal with large amounts of personal data need to be in compliance with the regulation requirements, even if not directly linked to EU data subjects. Firstly, they need to understand the regulation requirements, their implications for your company and the context to which it gets applied.
Secondly, partnering an experienced and trustworthy GDPR Compliance Consultant could ease your way to build effective compliance with the mandatory requisites. Through the years, ValueMentor prove as a trusted partner for enterprises looking for effective compliance with the standard. Let us embark the journey using ValueMentor GDPR Assessment program.