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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. Further, GDPR compliance is required for any company that processes personal data of EU citizens, regardless of whether they sell products or services.
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 European Parliament and the Council of the European Union. 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 enacted the California Consumer Privacy Act ( CCPA ) in June 2018.
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. GDPR does require that personal data be kept for no longer than necessary for the purposes for which it was collected.
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 5. Compliance, auditing, and record-keeping
- Element 6. 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 9. Update your privacy policy, terms of use, terms of service, and acceptable use policies
- 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
Keidi C.
Keidi S. Carrington brings a wealth of legal knowledge and business experience in the financial services area with a particular focus on investment management. She is a former securities examiner at the United States Securities & Exchange Commission (SEC) and Associate Counsel at State Street Bank & Trust and has consulted for various investment houses and private investment entities. Her work has included developing a mutual fund that invested in equity securities of listed real estate investment trusts (REITs) and other listed real estate companies; establishing private equity and hedge funds that help clients raise capital by preparing offering materials, negotiating with prospective investors, preparing partnership and LLC operating agreements and advising on and documenting management arrangements; advising on the establishment of Initial Coin Offerings (ICOs/Token Offerings) and counseling SEC registered and state investment advisers regarding organizational structure and compliance. Ms. Carrington is a graduate of Johns Hopkins University with a B.A. in International Relations. She earned her Juris Doctorate from New England Law | Boston and her LL.M. in Banking and Financial Law from Boston University School of Law. She is admitted to practice in Massachusetts and New York. Currently, her practice focuses on assisting investors, start-ups, small and mid-size businesses with their legal needs in the areas of corporate and securities law.
Daehoon P.
Advised startups and established corporations on a wide range of commercial and corporate matters, including VC funding, technology law, and M&A. Commercial and Corporate Matters • Advised companies on commercial and corporate matters and drafted corporate documents and commercial agreements—including but not limited to —Convertible Note, SAFE, Promissory Note, Terms and Conditions, SaaS Agreement, Employment Agreement, Contractor Agreement, Joint Venture Agreement, Stock Purchase Agreement, Asset Purchase Agreement, Shareholders Agreement, Partnership Agreement, Franchise Agreement, License Agreement, and Financing Agreement. • Drafted and revised internal regulations of joint venture companies (board of directors, employment, office organization, discretional duty, internal control, accounting, fund management, etc.) • Advised JVs on corporate structuring and other legal matters • Advised startups on VC funding Employment Matters • Drafted a wide range of employment agreements, including dental associate agreements, physician employment agreements, startup employment agreements, and executive employment agreements. • Advised clients on complex employment law matters and drafted employment agreements, dispute settlement agreements, and severance agreements. General Counsel • As outside general counsel, I advised startups on ICOs, securities law, business licenses, regulatory compliance, and other commercial and corporate matters. • Drafted or analyzed coin or token sale agreements for global ICOs. • Assisted clients with corporate formations, including filing incorporation documents and foreign corporation registrations, drafting operating and partnership agreements, and creating articles of incorporation and bylaws. Dispute Resolution • Conducted legal research, and document review, and drafted pleadings, motions, and other trial documents. • Advised the client on strategic approaches to discovery proceedings and settlement negotiation. • Advised clients on employment dispute settlements.
Michael M.
www.linkedin/in/michaelbmiller I am an experienced contracts professional having practiced nearly 3 decades in the areas of corporate, mergers and acquisitions, technology, start-up, intellectual property, real estate, employment law as well as informal dispute resolution. I enjoy providing a cost effective, high quality, timely solution with patience and empathy regarding client needs. I graduated from NYU Law School and attended Rutgers College and the London School of Economics as an undergraduate. I have worked at top Wall Street firms, top regional firms and have long term experience in my own practice. I would welcome the opportunity to be of service to you as a trusted fiduciary. In 2022 I was the top ranked attorney on the Contract Counsel site based upon number of clients, quality of work and top reviews.
Ayelet F.
Ayelet G. Faerman knows what influencers mean to brands today. With experience as legal counsel for a beauty brand for over 5 years, and overseeing multiple collaborations, Ayelet has experienced the rise of influencer marketing. As the founder and managing partner of Faerman Law, PA her practice focuses on influencer relations including a specialization in contract negotiations.
Melissa G.
Melissa D. Goolsarran Ramnauth, Esq. is an experienced trial-winning trademark and business attorney. She has represented large businesses in commercial litigation cases. She now represents consumers and small businesses regarding federal trademarks, contracts, and more. Her extensive litigation knowledge allows her to prepare strong trademark applications and contracts to minimize the risk of future lawsuits.
May 12, 2021
Robert D.
I am a general practice lawyer with 21 years of experience handling a wide variety of cases, both civil and criminal
June 21, 2021
George B.
I help start-ups, small businesses, and people realize their potential by leveraging my legal and technological experience. Legally skilled in employment law, intellectual property, corporate law, and real estate transactions.
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