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Need help with GDPR Compliance?
GDPR compliance is essential if you sell products and services within the European Union or to its citizens. The legislation focuses on data processing and storage transparency so that consumers have more control over their information. GDPR violations can result in unwanted legal and financial consequences regardless of intention.
The article below helps you understand everything you need to know.
What is GDPR Compliance?
GDPR compliance is when a company conforms with the laws surrounding the privacy of EU citizens. The General Data Protection Regulation (GDPR) controls when and how a data processor, or company, uses the personal data of a data controller, or consumer. All companies conducting business within the EU must achieve GDPR compliance.
Here is an article that goes further into GDPR compliance.
General Data Protection Regulation Explained
The GDPR was adopted in May 2018 by the EU. Legislation was introduced and passed to reflect more stringent data processing, privacy, and storage standards since this issue affects more people at the local and international levels. Other governments have passed similar legislation, including the State of California, which passed the California Consumer Privacy Act ( CCPA ) just a few months later.
This article also explains the General Data Protection Regulation.
What Does It Mean to Be for a Company to Be GDPR Compliant?
A company is GDPR compliant when it meets legal requirements. There are several elements required to achieve this objective. Due to the vastness of legislation, many companies choose to utilize a GDPR compliance framework.
GDPR Compliance Framework
There are severe penalties on the line for GDPR violations. In addition to financial losses, failing to comply can also result in the disclosure of personally identifiable information for millions of people. A GDPR compliance framework will help you keep track of the most significant areas to address.
Ensure that your compliance efforts address the following elements:
- Element 1 . Employ a data protection officer (DPO)
- Element 2 . Data privacy design and assessment
- Element 3 . Data governance measures
- Element 4 . Get consent for data collection, retention, and destruction
- Element 4 . Compliance, auditing, and record-keeping
- Element 5 . Data breach obligations and reporting
There’s no doubt that the GDPR comprises a complicated set of laws and rules. Plus, your approach to compliance will look different from that of another company or industry. It would be best to work with technology lawyers and other advisors to determine which method is best for your company.
7 Principles of the GDPR
The seven principles of the GDPR create a framework for compliance. Data controllers are required to understand and incorporate each of them into their regular business practices. The seven principles of the GDPR are as follows:
Principle 1. Lawfulness, Fairness, and Transparency
Organizations must inform data controllers about why and how data is collected. It’s also necessary to identify what systems determine data processing for legality purposes. We refer to this element as a lawful basis for processing.
Principle 2. Purpose Limitation
Personal data collection must be for a legitimate business purpose. In addition, you must ensure that your company is clear and open about the reasons for obtaining personal information. Business owners must also share what they will do with the data while remaining consistent with reasonable expectations.
Principle 3. Data Minimization
Personal data processing should also be appropriate, relevant, and limited to necessity. Establish the data amount required to fulfill your business objectives. The actual processing should follow through on its disclosure and not storing or processing anymore than that.
Principle 4. Accuracy
Ensure that personal data collected and processed is up-to-date and accurate. You must take reasonable steps so that incorrect information is destroyed or rectified as soon as possible. Business owners can achieve more significant accuracy requirements by conducting routine audits.
Principle 5. Storage Limitation
Companies cannot keep personal consumer data for periods longer than necessary. The GDPR doesn’t set specific lengths of time for different types of personal data, and the choice is entirely up to you. Storage limitations principles will align closely with your data minimization and accuracy efforts.
Principle 6. Integrity and Confidentiality
Your company must also maintain appropriate security measures to prevent data from being compromised. While information security primarily relates to cybersecurity, it also covers physical and organizational security measures. Therefore, you should conduct a comprehensive audit of your integrity and confidentiality measures to include both the online and offline world.
Principle 7. Accountability
The accountability principle states that you’re responsible for GDPR compliance. Some of these accountability measures also require that you prove it. Overall, fair and reliable personal data usage results in better legal outcomes and demonstrates to consumers that you take their data privacy seriously.
GDPR Compliance Requirements
GDPR compliance requirements are challenging to attain since the laws surrounding data use in the EU is expansive. Instead of handling things with the best intentions, utilize a GDPR compliance checklist to ensure that you follow a replicable and scalable process.
GDPR Compliance Checklist
A GDPR compliance checklist can help you meet the terms and conditions outlined in the rules. It will also assist you in assessing your current compliance measures while achieving better results.
Take the following ten steps to ensure that you comply with the GDPR:
- Step 1 . Take an inventory of consumer data you’re collecting.
- Step 2 . Appoint someone in your company to oversee your efforts.
- Step 3 . Create a data register from the outset to prove your compliance.
- Step 4 . Evaluate and audit your data collection measures.
- Step 5 . Ensure that you self-report data breaches to the authorities.
- Step 6 . Transparently communicate your data collection and use motivations.
- Step 7 . Utilize technology that verifies the age of the data controller.
- Step 8 . Email marketing efforts should incorporate a double opt-in process.
- Step 10 . Carve out time to audit third-party services and risks.
The most critical component of a compliant website is to assess your efforts for insecurities and handling them immediately methodically. If you don’t have the resources to address them quickly, consider hiring a vendor to handle the technical implementations.
Who Is Required to Be GDPR Compliant?
All members of the European Union are required to be GDPR compliant. Additionally, companies selling goods and services in the EU are subject to the rules and regulations, regardless of physical location. The GDPR impacts how businesses handle data worldwide since it affects how everyone conducts transactions in the EU.
GDPR Compliance & AWS
Amazon Web Services (AWS) is a shining example of GDPR compliance. Not only does AWS comply with the GDPR as a service, but it also helps external companies achieve compliance as well. For instance, its GDPR compliance center ensures that business owners have the technical tools they need to meet requirements.
Get Help Complying With GDPR
It’s relatively easy to make legal errors that result in financial consequences regarding regulatory compliance. If you need to get help complying with the GDPR, the most practical place to begin is by speaking with internet lawyers and privacy lawyers . They can help you draft a data processing agreement, offer advice on encryption measures, conduct assessments, or answer questions as they arise.
Meet some of our GDPR Compliance Lawyers
I have practiced law in foreign jurisdiction for more than 11 years and more than one year in Texas. I am Texas licensed attorney. Practice areas include Corporate: incorporation of business entities, drafting of operating agreements, by-laws, and business contracts; Commercial: business disputes, demand letters, cease and desist lettera, dealing with insurance companies, negotiations, settlements of disputes, commercial real estate, and business litigation Litigation: business disputes, personal injury, civil rights, cross-border matters, maritime matters, drafting of litigation pleadings, motion practice, legal research, white-collar defense.
Mr. LaRocco's focus is business law, corporate structuring, and contracts. He has a depth of experience working with entrepreneurs and startups, including some small public companies. As a result of his business background, he has not only acted as general counsel to companies, but has also been on the board of directors of several and been a business advisor and strategist. Some clients and projects I have recently done work for include a hospitality consulting company, a web development/marketing agency, a modular home company, an e-commerce consumer goods company, an online ordering app for restaurants, a music file-sharing company, a company that licenses its photos and graphic images, a video editing company, several SaaS companies, a merchant processing/services company, a financial services software company that earned a licensing and marketing contract with Thomson Reuters, and a real estate software company.
We are a boutique legal practice focused on media, fintech and international trade and have significant experience of advising on high value matters in these areas and delivering results. We advise start-ups, established businesses and professionals on a wide range of commercial and corporate arrangements, not only in the UK, but also in the European Union, United States and Latin America.
Talin has over a decade of focused experience in business and international law. She is fiercely dedicated to her clients, thorough, detail-oriented, and gets the job done.
Former litigation attorney, current owner and co-founder of a documentary and scripted film and television production company. Well versed in small business foundation, entertainment and IP-related issues, as well as general business contracts.
I have been practicing law for more than 4 years at a small firm in York County, Maine. I recently decided to hang my shingle, Dirigo Law LLC. My practice focuses mostly on Real Estate / Corporate transactions, Wills, Trusts, and Probate matters.
Tim has 20 years of experience representing a wide variety of emerging and established companies in the technology, software, bitcoin and professional services industries. He works directly with his clients’ executives and boards of directors on corporate, intellectual property, and securities law issues. Recently, Tim has advised clients on Series A and Series B financings, corporate structuring, complex video licensing agreements, and structuring new hedge funds. Tim previously served as Forrester Research, Inc.’s General Counsel and Secretary where he was chief legal officer, led the company’s legal group, and managed the company’s legal and regulatory affairs. Tim played an integral role in the company’s initial public offering in 1997 and coordinated its secondary offering in 2000. He directed the legal process in the company’s acquisitions of Giga Information Group, Inc., Fletcher Research and Forit GmbH and oversaw over $125million in transactions. He also managed the company’s intellectual property assets. Tim is admitted to practice in Massachusetts and New York. Tim holds a Juris Doctor degree from the Boston College Law School and a Bachelor of Arts degree from Trinity College