GDPR Compliance Checklist: An Overview
The General Data Protection Regulation (GDPR) is the world's most stringent security and privacy statute, yet only a handful of companies comply with these regulations. It holds an impact on how businesses throughout the world handle their strategies for both internal data access and usage as well as multiple data protections (such as data security). In addition, the GDPR law applies to all companies processing the private data of European Union (EU) citizens.
However, remaining compliant with GDPR can be a challenge for many businesses. Hence to better overcome this plight, it is reasonable to hire a professional attorney who can always help you understand and comply with these GDPR laws.
GDPR Law: An Overview
Article 4 of the General Data Protection Regulation defines personal data as confidential information relating to a specified or identifiable natural human being. In simpler terms, personal data is any information connected with the identity of a living individual. It comprises not only direct connections, such as financial information and addresses but also indirect associations, such as assessments relating to the behavior habits of a person.
In addition, the General Data Protection Regulation is a data security and protection statute adopted by the European Union that came into effect in May 2018. The General Data Protection Regulation inflicts duties on all business entities that gather and use the private data of EU residents, even if these companies serve outside the EU.
And the objective of this regulation is to provide EU and UK citizens with more transparency and control over their data. It updates and unifies into a single regulation the data protection guidelines established by various EU Member States under the previous EU Directive. Furthermore, the GDPR gives EU citizens power over their information and obliges companies to
- Collect, organize, and handle confidential data lawfully and according to stringent rules.
- Guard private data from exploitation, misuse, and compromise.
- Respecting the privileges of people to manage their data.
GDPR Compliance Checklist
Below is a comprehensive GDPR compliance checklist every business must follow.
Implement Data Protection Analysis
When processing operations are anticipated to pose a significant risk to individuals, the GDPR requires controllers to complete a Data Protection Impact Assessment (DPIA). The GDPR contains many details that make this more complex than a standard questionnaire, such as the need for a Data Protection Officer (DPO) to participate in particular workflows, the monitoring of mitigation efforts, the documentation of danger in terms of injury to the individual, the consultation of data subjects, etc.
Additionally, organizations use a brief screening questionnaire in practice to assess risk and decide whether a complete DPIA is necessary. Moreover, to better comply with the GDPR law, it is necessary to use solutions specifically designed to meet the workflow and documentation standards and the business users' customer experience and integration objectives.
Appoint a DPO Officer
The GDPR mandates that a company appoint a Data Protection Officer (DPO) if it is a public agency or business entity or if its core operations involve the extensive, ongoing, and systematic monitoring of individuals. In addition, ensuring GDPR compliance is the DPO's responsibility.
They help the company keep track of internal compliance, educate employees about data protection requirements, offer guidance on Data Protection Impact Assessments (DPIAs), and serve as a point of contact for data subjects and data protection authorities. Furthermore, according to the General Data Policy Regulation, a company must appoint a DPO (Data Protection Officer) if any of the following conditions are fulfilled:
- A public officer processes data.
- Collected information is processed at a large scale.
- Gathered data undergoes organized monitoring.
In addition, Article 39 of the General Data Policy Regulation says that a Data Protection Officer (DPO) should be competent in completing the following tasks:
- Confidently suggesting both processes and controllers of best GDPR compliance procedures.
- Deliver accurate recommendations regarding data protection impact evaluations.
- Examining data management to guarantee GDPR compliance.
- Act as the direct point of contact for all information processing queries.
- Have a precise knowledge of all the potential threats associated with additional processing functions.
- Serve as the direct point of contact between the business and GDPR regulators.
Moreover, a DPO should have an expert understanding of GDPR and best practices to carry out these obligations effectively. To sustain the actions of DPOs, companies should adopt an attack surface monitoring solution to determine susceptibilities that could be disclosing processed information.
Examine and Address Processor Risks
According to the GDPR, the controller is liable for any violations or activities by the processor. In addition, to have a defendable position in the unfortunate event that a processor has a breach, it is crucial to assess processor data transfers and commercial responsibilities with the same level of attention as internal processing activities. Additionally, it enables businesses to identify the data affected by the incident.
Review the Mechanisms for Cross-Border Data Transfer
The GDPR stipulates that personal information transmitted outside of the EEA (European Economic Area) must get the same degree of protection. Due to this, enterprises must assess their cross-border data transfer procedures and make sure they are adequate.
If there is an "adequacy decision," it is the first thing to consider when transferring private data to a different nation. When the European Commission makes an "adequacy judgment," it indicates that it believes a third country or an international organization provides a sufficient degree of data protection.
The GDPR permits a transaction without an adequacy determination if the controller or handler has offered appropriate measures. The "Standard Contractual Clauses" (SCCs), which impose obligations on the data exporter and importer and grant rights to the data subjects, are the most frequently utilized safeguard.
Ensure Better Data Governance and Obtain Consent
Data governance refers to the people, procedures, and technologies necessary to ensure that corporate data is handled correctly and consistently throughout the firm. Companies must keep up-to-date records of the entire data supply chain, including data flow diagrams and inventories.
Companies must have customer permission before obtaining and storing information as a part of their data protection checklist. In addition to data collection, personal details must allow users to request the deletion of their data, substituting the data controller's rights.
Educate the staff
Ensure all your staff knows the GDPR standards, potential cybersecurity dangers, personal data protection, and the repercussions of non-compliance to reduce the risks of data theft and GDPR violations.
By scheduling regular training sessions for your staff, you can ensure they are properly aware of data processing. As new cybersecurity concerns emerge, think about regularly upgrading your training materials. Additionally, it's crucial to present your workforce with relevant case studies of cybersecurity breaches and to go over potential incident response scenarios. However, hiring an attorney who can better educate your workforce about GDPR compliance is better if you do not have the right expertise to handle staff training and education.
Overall, given the complex nature of GDPR laws, every organization will take a different strategy for GDPR compliance. Therefore, businesses must always consult an expert attorney to decide how to best comply with the GDPR compliance checklist.
At ContractsCounsel, we are a team of professional lawyers, and our expert lawyers can help companies maintain GDPR compliance by recognizing and managing detailed security vulnerabilities affecting the statute. ContractsCounsel also empowers companies to track third-party compliance statutes by mapping risk review reactions to safety rules for better compliance.