Even if your business does sell products or services to EU citizens, or has an office within Europe it is possible to be a subject of GDPR. The GDPR only applies to the processing of individuals' personal data, not legal entities for example, firms.
The GDPR demands that you inform the data you are collecting in order to obtain consent before collecting the information. It also grants consumers the option of correcting inaccurate details.
What exactly is the GDPR Regulation?
GDPR refers to known as the General Data Protection Regulation. It sets guidelines for businesses to follow in order to protect privacy. GDPR is applicable to all organizations that offers goods or services to citizens of the EU, or tracks the online behavior of those customers. It also applies to any companies that handle the personal information of EU residents, even if they're located outside the EU. That means virtually all businesses in the world have to develop a GDPR compliance strategy.
It also requires that businesses to seek consent before processing any personal information. It is vital that data collected in a fair and legal manner. The law requires companies to be able to explain why they are processing data, and explain how the information is used. It also implies that any private information gathered must be protected in a way.
The GDPR also puts liability on both the data controller (the company that controls the data) and the processor (any outside company that helps manage it). It is therefore essential that businesses have contracts with data processors, which clearly define responsibilities and liabilities. It's also a great option for any company to have internal procedures in place for documenting processes that are processed by data regardless of whether it's legally required under the GDPR. This will help focus workers' attention to security of personal data and be a useful source of evidence in case of breach.
Businesses must take the necessary steps to verify and rectify data in the event that individuals demand their data to be erased or changed. Organisations must also notify the affected parties as soon as it is feasible to notify them of the possibility of a breach to information. As data controllers and as processors are subject to additional requirements under Article 30, including the requirement that they keep track of every processing activity they engage in.
The GDPR grants individuals the right to access to their personal information which is kept by organisations. Data provided by the organization must be free within one month after a request is submitted.
Who are the people who will be affected by the GDPR?
Since the beginning of 2013, business managers across the globe are battling to ensure complete GDPR compliance to meet the May 25 enforcement deadline. This has been an enormous task that for some businesses, it takes several months, or even years of effort, it's now changing the way they store, collect and manage customer data.
The GDPR's strict collection of rules for privacy and data protection applies to any business that stores personal information about the European citizen. That includes anyone who sells or trades this data for commercial reasons. The same applies to firms that don't maintain a physical presence in the EU but do collect information from EU citizens through their websites and apps. For example, if someone is in Amsterdam goes to any U.S. website that uses cookies, that website would be required to meet GDPR requirements.
The GDPR is designed as a way to empower people to take control of their own information. This gives less control to the organizations that hold the information. This is a great thing, but it means that many businesses will need to modify the ways they handle their personal data.
As a result, the most significant impact is likely to be felt by those who hold large amounts of consumer information. Should people take advantage of the new rights by refusing to consent to the processing of their personal data as well as requesting access or deleting it entirely off websites that they use, it could have a seismic effect on the entire industry.
For smaller businesses, Propeller Insights' survey found that 82% of them are planning to employ a Data protection officer (DPO) to oversee compliance. It's a great concept, but it emphasizes the importance of the task Making a plan that protects PII will require a variety of abilities and understanding. To ensure the security of personal information, it's essential to involve everyone within your business all the way from IT up to the marketing department. Furthermore the DPO is expected to stay up to date with the most recent developments technology and best practices in cybersecurity. It will be an ongoing challenge. It's necessary, and can bring companies to the same page with regard in protecting data.
What are the GDPR's requirements?
Privacy is the primary concern for the GDPR. It requires companies to examine their privacy policies prior to launching a project. They must also ensure that any processes and procedures they establish and put into place adhere to the principles of GDPR. The GDPR also applies to businesses of any size who conduct business with EU citizens regardless of the location where the company is based.
The GDPR's requirements are focused on the transparency and fairness of how personal data is collected and processed. The GDPR demands that organizations disclose to individuals what information they intend to use to what extent and to whom. The information must be presented in plain English, and with an easy, GDPR consultancy services succinct and clear language. It also requires that companies are able to collect only the details that are required for specific processing purposes. This is called "data elimination." And once that purpose has been achieved then the information must be deleted immediately.
The GDPR also makes it easier for individuals to request that an organization end or modify the manner in which it uses their personal information. The GDPR's Article 21 gives individuals the right to oppose the processing of their personal data to serve commercial or other reasons that are not related to service. This rights must be exercised right from the first interaction with a person by an authority responsible for the processing. It is an important departure from the current practice, which often provide the information only after a person has downloaded or signed up for the product.
The company must be able to respond quickly and accurately to inquiries from people in order not to incur penalties from the Supervisory Authority. Penalties could be as high as 4% of a company's annual worldwide revenue.
In contrast to earlier European law on protecting data GDPR covers all forms of personal data which includes basic data such as name and address as well as more delicate information such as religion or genetic data. This also includes information that could be used to specifically identify an individual, such as their IP address.
The GDPR will be a massive transformation in how businesses handle their privacy concerns of consumers as well as employees. This will profoundly influence on the manner in companies collect, manage and process data. The result is that businesses can't just make excuses and tidy up after the incident. They must prove they're safeguarding the rights of their customers as well as their employees. This is a daunting task for any company.
What do I need to do to ensure compliance to GDPR?
As a response to the ever-growing collection of data in society new laws and regulations have been formulated to protect privacy. This is just the most recent in a line of privacy-related protections. This includes 1981's Data Protection Convention and 1995's European Data Directive. These rules set the scene for GDPR and place more responsibility on businesses to protect and inform customers of the manner in which data they provide are used and collected.
The first step to complying the GDPR regulations is to complete an "data inventory" (sometimes known as "records of processing activities"). This is an audit of each aspect of personal data that your company currently processes such as where it is sourced which department handles it in, how it is processed, the location where it ends up, who it gets exchanged with, and how is it safeguarded. This audit can uncover specific areas where the company's policies or practices need to be improved.
Another important step you can do is designate a person who is responsible for data protection compliance under GDPR. This can be referred to as your Data Protection Officer. The DPO is required to make changes across departments and must inform staff to ensure that they are aware of and in comply.
There is a need to revise the contracts with third-party processors, or data controllers that manage the personal data on behalf of you. The data controller as well as the data processor are equally liable under the new rules. The data processors also must comply with very strict requirements for reporting.
It's important that your privacy policy be clarified and clearly written. You should also have a procedure in place in response to requests from people who wish to review the information they want to edit, delete or view. This must be made easy for individuals to complete, regardless of whether they use a self-service portal, or directly through your business. It is necessary to conduct and document the Transfer Impact Assessment, if the data you're transferring is beyond the EU.
Your employees should be educated about the latest rules and taught how to use them. The training must be continuous and recorded to be used for reference in the future. You will need to develop and improve your security procedures and protocols to ensure accordance with GDPR. It is important to ensure that all personal data is protected as well as having appropriate safeguards like two-factor authentication.