An Introduction to GDPR Compliance

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What is The General Data Protection Regulation (GDPR)?

GDPR sets the standard for data protection, privacy, and individual rights. Established by the European Union, this regulation enforces stringent data protection laws to protect the privacy of EU citizens, irrespective of where the data is processed.

Organisations handling personal data of EU citizens are obligated to secure and protect this data or suffer legal consequences. Specific obligations include maintaining transparency in the use of collected data, implementing stringent security measures, and honouring requests from individuals about their personal data.

Are There Penalties for Non-compliance With GDPR?

Financial Penalties

Yes, ignoring or breaching GDPR guidelines can result in severe penalties.

Non-compliant organisations risk financially crippling fines, reaching up to 4% of their global annual turnover or €20 million – whichever is greater. This underscores the seriousness of the protection of personal data and the necessity for adherence to GDPR rules.

Reputational Damage

In a world where customers value their privacy, data breaches often mean losing their trust. Such incidents, once public, can lead to a severe loss of trust among customers and the wider public, potentially leading to a reduction in customer base and turnover.

Legal Action

Lastly, non-compliance could instigate legal action. GDPR grants individuals a more comprehensive set of rights over their data. This includes the right to seek compensation for non-material damages such as distress, which is a departure from the past legislation.

If an organisation fails to comply, it can be sued by an individual. These lawsuits can lead to damages awarded to the individual and increased legal costs for the organisation.

What Are the Benefits of Showing Compliance With GDPR?

While compliance requires considerable effort, the benefits of GDPR conformity contribute significantly to strengthening an organisation’s overall data governance.

These include boosting consumer trust, ensuring better data security, reducing data maintenance costs, and providing a competitive edge. Using GDPR Compliance Software like ISMS.online can aid in this process, though the extent of its use should be guided by the specific needs and objectives of the organisation.

In this era of data-driven decision making, achieving GDPR compliance is not merely a legal obligation, it also offers a strategic edge and serves as a testament to the organisation’s commitment to data protection.

With comprehensive understanding and diligent application, your organisation can turn GDPR compliance from a demanding responsibility into a strategic asset.

How Can Your Organisation Show Compliance With GDPR?

Conduct a GDPR Compliance Audit

Executing a GDPR compliance audit might seem intimidating, but by understanding the key steps involved and aligning the process to your organisation’s data protection landscape, it can become a manageable task.

Understand Your Organisations Data Landscape

Conduct an exhaustive review of all active data processing activities within your organisation.

Understanding Your Organisations Data Protection Measures

Having mapped the data landscape, your attention should pivot to critically assessing your data protection measures found within your organisation.

In the context of GDPR, four key facets warrant attention – security controls designed to protect data, encryption methods applied to secure data, access controls implemented to restrict data access, and data retention policies, dictating the lifespan of stored data.

Review Your Organisations Data Processing Agreements

Carry out an in-depth review of data processing agreements, evaluating the contract templates, scrutinising clauses related to data transfers, especially in an international context, and assessing the contract’s compliance with set legal parameters.

Ensure Your Organisation Regularly Updates Its Data Protection Measures

While ensuring security measures is important, regular reviews and updates to these measures would guarantee their continued effectiveness over time.

The Role of Companies in Honouring GDPR Principles

Adhering to vast and various GDPR principles is not just obligatory for organisations dealing with European Union citizens’ data, but it’s also a means for them to exemplify integrity and embrace best practices in data protection.

Abiding by these GDPR principles exemplifies their commitment to safeguard consumers’ data, primarily those mentioned in GDPR Article 5, Article 6, and Article 7.

The principles, as highlighted by GDPR, include:

  • Lawfulness, Fairness, and Transparency
  • Purpose Limitation
  • Data Minimization
  • Accuracy
  • Storage Limitation
  • Integrity and Confidentiality

Each principle is a pillar that upholds the structure of data privacy laws. Ignoring or violating any of these principles can have severe financial and reputational repercussions.

The principle, “Integrity and Confidentiality,” necessitates explicit attention as it embodies the organisation’s commitment to safeguard data from unlawful processing and accidental loss.

How ISMS.online Can Help Organisations Show GDPR Compliance

ISMS.online offers solutions to guide organisations in achieving and maintaining GDPR compliance.

Our assortment of services and digital tools have been designed to streamline the compliance process.

By being a SaaS platform you can unlock the power of compliance anywhere, anytime.

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Key GDPR Articles

GDPR Article 5

GDPR Article 5 urges organisations to adhere to data protection principles, such as:

  • Fair, Lawful, and Transparent Data Handling: Ensures that the information is not ill-used or misinterpreted.
  • Purpose Limitations: This principle requires justification for every data collection.
  • Data Minimization: Businesses must limit data collection to only the requisite.
  • Accuracy and Currency: Data must be updated and correction mechanisms should be in place.

GDPR Article 6

GDPR Article 6 sets the ground rules for legal processing. It brings into light several legal grounds, such as:

  • Individual’s Consent: A clear agreement from the individual is mandatory.

  • Necessary due to Contract: Legal obligations from a contract can lead to data processing.

  • Legal Obligation: Instances might arise when data processing is mandated by the law.

  • Vital Interests: Sometimes, data processing becomes critical for protecting vital life interests.

GDPR Article 7

Enlisting conditions for valid consent, GDPR Article 7 underscores its importance for businesses. To adhere to these conditions, consent from an individual should be clear, specific, affirmative, well-informed, and unambiguous.

GDPR Article 12

GDPR Article 12 makes clear the need for transparent communication. It necessitates information to be presented in an understandable and accessible format, boosting individuals’ rights concerning their data.

List of GDPR Articles and How to Show Compliance

Below you will find a full table of relevant and additional GDPR Articles – please click each individual one to read in more detail and how to show compliance with GDPR.

GDPR ArticleName of Article
GDPR Article 1Subject Matter and Objectives
GDPR Article 5Principles Relating to Processing of Personal Data
GDPR Article 6Lawfulness of Processing
GDPR Article 7Conditions for Consent
GDPR Article 8Conditions Applicable to Child’s Consent in Relation to Information Society Services
GDPR Article 11Processing Which Does Not Require Identification
GDPR Article 12Transparent Information, Communication and Modalities for the Exercise of the Rights of the Data Subject
GDPR Article 13Information to Be Provided Where Personal Data Are Collected From the Data Subject
GDPR Article 14Information to Be Provided Where Personal Data Have Not Been Obtained From the Data Subject
GDPR Article 15Right of Access by the Data Subject
GDPR Article 16Right to Rectification
GDPR Article 17Right to Erasure (‘Right to Be Forgotten’)
GDPR Article 18Right to Restriction of Processing
GDPR Article 19Notification Obligation Regarding Rectification or Erasure of Personal Data or Restriction of Processing
GDPR Article 20Right to Data Portability
GDPR Article 21Right to Object
GDPR Article 22Automated Individual Decision-Making, Including Profiling
GDPR Article 23Restrictions
GDPR Article 24Responsibility of the Controller
GDPR Article 25Data Protection by Design and by Default
GDPR Article 26Joint Controllers
GDPR Article 27Representatives of Controllers or Processors Not Established in the Union
GDPR Article 28Processor
GDPR Article 29Processing Under the Authority of the Controller or Processor
GDPR Article 30Records of Processing Activities
GDPR Article 31Cooperation With the Supervisory Authority
GDPR Article 32Security of Processing
GDPR Article 33Notification of a Personal Data Breach to the Supervisory Authority
GDPR Article 34Communication of a Personal Data Breach to the Data Subject
GDPR Article 35Data Protection Impact Assessment
GDPR Article 36Prior Consultation
GDPR Article 37Designation of the Data Protection Officer
GDPR Article 38Position of the Data Protection Officer
GDPR Article 39Tasks of the Data Protection Officer
GDPR Article 40Codes of Conduct
GDPR Article 41Monitoring of Approved Codes of Conduct
GDPR Article 42Certification
GDPR Article 44General Principle for Transfers
GDPR Article 45Transfers on the Basis of an Adequacy Decision
GDPR Article 46Transfers Subject to Appropriate Safeguards
GDPR Article 47Binding Corporate Rules
GDPR Article 49Derogations for Specific Situations

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The Roles of Data Controllers and Data Processors in GDPR Compliance

Obligations of Data Controllers

Data controllers, the entities deciding the course and methodologies of processing personal data, are subject to the following requirements:

  • Purpose Limitation: Controllers should clearly define, communicate and adhere to legitimate, transparent, and lawful objectives for data processing.
  • Data Minimization: Processing should involve only the bare minimum data required for the stated purpose.
  • Accuracy: It is the obligation of data controllers to validate the accuracy of personal data and promptly correct or obliterate inaccurate entries.
  • Storage Limitation: Controllers should keep the time frame for retaining personal data to the absolute necessary duration.

Obligations of Data Processors

Data processors tasked with executing processing activities on controllers’ commands, must meet the following expectations:

  • Compliance Verification: Processors are obligated to keep an updated, comprehensive record of processing activities, demonstrating compliance with GDPR principles and accountability.
  • Security: Processors ought to enforce appropriate technical and organisational safeguards to ensure secure processing.
  • Data Breach Notification: Upon identifying a data security breach, the processor is obliged to promptly notify the controller.

In adhering to these obligations, data controllers and processors can help establish a culture of data protection, abiding by the foundational principles of the GDPR, and ensuring the respect of data subject’s rights.

Establishing a Sustainable GDPR Compliance Strategy With ISMS.online

Organisations interacting with the personal data of EU citizens bear a mandatory responsibility to conform to the General Data Protection Regulation (GDPR). This responsibility necessitates the development of extensive data protection policies, consistent execution of Data Protection Impact Assessments (DPIA), and meticulous maintenance of data processing activities records.

Although these tasks might initially seem challenging, their efficient management can be achieved with the strategic usage of a robust Information Security Management System (ISMS), such as ISMS.online.

You can create customised dashboard overviews for thorough monitoring and auditing through our SaaS software. These dashboards, deliver real-time insights, offer data tracking functionalities, and generate comprehensive status reports for authoritative governance control within your organisation.

Learn how we can help your business by booking a demo.

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Frequently Asked Questions

What Is the Right to Object Under the GDPR?

The right to object under the General Data Protection Regulation (GDPR) is a fundamental right granted to individuals to object to the processing of their personal data in certain circumstances. This right is outlined in Article 21 of the GDPR and applies to various processing activities that are based on the legitimate interests of the controller or a third party.

The right to object allows individuals to challenge the processing of their personal data when it is being used for purposes such as direct marketing, scientific or historical research, or profiling. If an individual objects to the processing of their personal data for these purposes, the controller must stop processing the data unless they can demonstrate compelling legitimate grounds for the processing that override the interests, rights, and freedoms of the individual.

In addition to these specific circumstances, individuals also have the right to object to the processing of their personal data for any reason. This includes situations where the processing is based on the legitimate interests of the controller or a third party, or when it is carried out in the public interest or in the exercise of official authority vested in the controller.

When an individual exercises their right to object, the controller must inform them of their right and the consequences of not exercising it. The controller must also provide mechanisms for individuals to easily object to the processing of their personal data, such as through online forms or other accessible means.

What Is the Right to Erasure Under the GDPR?

The right to erasure under the General Data Protection Regulation (GDPR) is a fundamental right granted to individuals. It is also known as the “right to be forgotten.” This right allows individuals to request that their personal data be erased from the records of an organisation. Personal data refers to any information that can directly or indirectly identify an individual, such as their name, address, email, or IP address.

The right to erasure applies in certain circumstances. Firstly, it applies when the personal data is no longer necessary for the purpose for which it was collected. For example, if an individual closes their account with an online retailer, they can request that their personal data be deleted since it is no longer needed for the purpose of providing services.

Secondly, the right to erasure applies when an individual withdraws their consent for the processing of their data. If an individual initially gave consent for an organisation to process their personal data but later changes their mind, they have the right to request that their data be erased.

Thirdly, the right to erasure applies if the personal data has been unlawfully processed. If an organisation has collected or used personal data in violation of the GDPR or other applicable laws, the individual has the right to request its deletion.

When an individual exercises their right to erasure, the organisation must comply with the request unless there are legal or other compelling reasons to keep the data. The organisation must take reasonable steps to inform any third parties that have received the data of the individual’s request for erasure. This ensures that the personal data is not further processed or disclosed by other organisations.

Organisations must also take reasonable steps to ensure that the personal data is erased from their own systems and records. This includes securely deleting the data and removing any copies or backups. Additionally, organisations must provide the individual with a confirmation that the data has been erased, unless it is not possible to do so. If the organisation is unable to fulfil the erasure request, they must provide the individual with an explanation as to why.

What Is the Definition of Consent Under the GDPR?

The definition of consent under the General Data Protection Regulation (GDPR) is that it is any freely given, specific, informed, and unambiguous indication of the data subject’s wishes by which they, by a statement or by a clear affirmative action, signify agreement to the processing of personal data relating to them.

This means that consent must be given voluntarily, without any form of coercion or pressure. It must also be specific, meaning that it must be given for a particular purpose or purposes. The data subject must be fully informed about the processing of their personal data, including the purposes of the processing and any potential consequences.

Additionally, the consent must be unambiguous, meaning that it must be clear and easily understandable. It cannot be inferred from silence, pre-ticked boxes, or inactivity. Consent must be given through a clear affirmative action, such as ticking a box or clicking a button.

The data subject also has the right to withdraw their consent at any time, and this withdrawal should be as easy as giving consent. The controller of the personal data must be able to demonstrate that the data subject has given their consent to the processing of their personal data.

What Is the Definition of a Data Breach Under the GDPR?

Under the General Data Protection Regulation (GDPR), a data breach is defined as a “breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed.”

This means that a data breach occurs when there is a breach of security that results in the unauthorised access, destruction, alteration, or disclosure of personal data.

Examples of data breaches include hacking, malware, phishing, and ransomware attacks, as well as accidental or intentional disclosure of personal data. It can also include unauthorised access to a system, the loss of a laptop or other device containing personal data, or the accidental disclosure of personal data.

What Is the Definition of Pseudonymisation Under the GDPR?

Pseudonymisation, as defined by the General Data Protection Regulation (GDPR), is the process of replacing personally identifiable information (PII) with artificial identifiers, or pseudonyms. This process is used to protect the privacy of individuals by preventing the direct identification of individuals from the data.

Pseudonymisation involves transforming personal data in such a way that it can no longer be attributed to a specific data subject without the use of additional information. This additional information must be kept separately and subject to technical and organisational measures to ensure that the personal data cannot be linked to an identified or identifiable natural person.

The purpose of pseudonymisation is to reduce the risks associated with processing personal data. By replacing PII with pseudonyms, the amount of personal data that is accessible to any one person is reduced, thereby minimising the potential impact of a data breach.

Pseudonymisation also helps to ensure that data is only used for the purpose for which it was collected, preventing it from being used for unintended or incompatible purposes.

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