What is GDPR?
The General Data Protection Regulations (GDPR) comes into force on 25th May 2018 and replaces the Data Protection Act (DPA)
GDPR and it's implication to your Business
There are significant implications for all businesses that you need to plan for now, irrespective of the outcome of Brexit negotiations.
Failure to comply with GDPR could mean the following penalties could be imposed for personal data breaches:
The DPA highest possible fine was £500,000
The record fine was Talk Talk (£400,000)
The new maximum fines are either 4% of global revenue or 20 Million
GDPR applies to all
The GDPR applies to all companies worldwide that process personal data of European Union (EU) citizens.
The GDPR widens the definition of personal data
The GDPR considers any data that can be used to identify an individual as personal data. It includes, for the first time, things such as genetic, mental, cultural, economic or social information.
The GDPR introduces mandatory DPIAs
The GDPR requires data controllers to conduct DPIAs where privacy breach risks are high to minimise risks to data subjects.
The GDPR introduces the right to be forgotten
Under GDPR a customer can request that a business deletes their Personally identifiable information from the companies database and said company must comply.
Steps to Compliance
The Information Commissioner's Office (ICO) has defined 12 steps to compliance:
You should make sure that decision makers and key people in your organisation are aware that the law is changing to the GDPR. They need to appreciate the impact this is likely to have.
Information you hold
You should document what personal data you hold, where it came from and who you share it with. You may need to organise an information audit.
Communicating privacy information
You should review your current privacy notices and put a plan in place for making any necessary changes in time for GDPR implementation.
You should check your procedures to ensure they cover all the rights individuals have, including how you would delete personal data or provide data electronically and in a commonly used format.
Subject access requests
You should update your procedures and plan how you will handle requests within the new timescales and provide any additional information.
Lawful basis for processing personal data
You should identify the lawful basis for your processing activity in the GDPR, document it and update your privacy notice to explain it.
You should review how you seek, record and manage consent and whether you need to make any changes. Refresh existing consents now if they don’t meet the GDPR standard.
You should start thinking now about whether you need to put systems in place to verify individuals’ ages and to obtain parental or guardian consent for any data processing activity
You should make sure you have the right procedures in place to detect, report and investigate a personal data breach.
Data Protection by Design and Data Protection Impact Assessments
You should familiarise yourself now with the ICO’s code of practice on Privacy Impact Assessments as well as the latest guidance from the Article 29 Working Party, and work out how and when to implement them in your organisation.
Data Protection Officers
You should designate someone to take responsibility for data protection compliance and assess where this role will sit within your organisation’s structure and governance arrangements. You should consider whether you are required to formally designate a Data Protection Officer.
If your organisation operates in more than one EU member state (ie you carry out cross-border processing), you should determine your lead data protection supervisory authority. Article 29 Working Party guidelines will help you do this.