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GDPR Compliance

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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.

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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.

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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.

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