On 25 May,2018, a new landmark privacy law called General Data Protection Regulation (GDPR) takes effect in the EU, this will impact every organisation, in every geography.
If you process or collect data from individuals either by selling goods or services to citizens in other EU countries then you will need to comply with the GDPR, even if you are located outside the EU. Businesses can be fined up to 4% of annual global turnover for breaching GDPR or €20 Million, this is the maximum fine that can be imposed for the most serious infringements.
The ICO recently published an article with 12 step-guide to take now to ensure your organisation is sufficiently prepared for GDPR. We have taken a brief snippet from this guide, to help you get started. To view the document in full go to visit ICO.org.uk
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 and identify areas that could cause compliance problems under the GDPR.
2. 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 across the organisation or within particular business areas.
3. Communicating privacy information
When you collect personal data you currently have to give people certain information, such as your identity and how you intend to use their information. This is usually done through a privacy notice. Under the GDPR there are some additional things you will have to tell people. For example, you will need to explain your lawful basis for processing the data, your data retention periods and that individuals have a right to complain to ICO if they think there is a problem with the way you are handling their data.
4. Individuals Rights
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.
The GDPR includes the following rights for individuals:
- the right to be informed;
- the right of access;
- the right of rectification;
- the right to erasure;
- the right to restrict processing;
- the right to data portability;
- the right to object; and
- the right to be subject to automated decision-making including profiling
If you are geared up to give individuals their rights now, then the transition to the GDPR should be relatively easy.
5. Subject access requests
You should update your procedures and plan how you will handle requests to take account of the new rules:
- In most cases you will not be able to charge for complying with a request.
- You will have a month to comply, rather than the current 40 days
- You can refuse or charge for requests that are manifestly unfounded or excessive
- If you refuse a request, you must tell the individual why and that they have the right to complain to the supervisory authority and to a judicial remedy. You must do this without undue delay and at the latest, within one month.
6. 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 read the detailed guidance the ICO has published on consent under the GDPR, and use our consent checklist to review your practices.
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.
9. Data breaches
You should make sure you have the right procedures in place to detect, report and investigate a personal data breach.
10. Data protection by Design and Data Protection Impact Assessments
You should also familiarise yourself now with the guidance the ICO has produced on PIAs as well as guidance from the Article 29 Working Party, and work out how to implement them in your organisation. This guidance shows how PIAs can link to other organisational processes such as risk management and project management.
11. 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.
If your organisation operates in more than one EU member state, you should determine your lead data protection supervisory authority and document this.
Now is the time to implement these changes to ensure a smooth transition come May,2018. To Find out more about how Salesforce is preparing for GDPR and for further information and resources.
Information and 12 steps taken from ico.org.uk and Salesforce.com
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