Why is GDPR compliance crucial?
The General Data Protection Regulation (GDPR) is a European law designed to strengthen the protection of individuals’ personal data. In force since May 2018, the GDPR sets strict standards for the collection, processing and retention of personal data, and imposes severe penalties for non-compliance. GDPR compliance is therefore not only a legal obligation, but also an ethical and business imperative for any company that processes personal data.
Compliance: definition
What is GDPR compliance?
Definition of Personal Data
According to the CNIL, personal data is any information relating to an identified or identifiable natural person. This definition encompasses a wide range of information, from names to telephone numbers, that can be used to directly or indirectly identify a person.
Obligation and Responsibility
Any use of personal data constitutes data processing, and must therefore comply with the provisions of the GDPR. Companies must ensure that their policies scrupulously comply with these provisions, under penalty of legal sanctions.
GDPR in Practice
In France, the GDPR guidelines are incorporated into the Data Protection Act, which has been in force since May 25, 2018. This legislation aims to protect the rights and freedoms of individuals by regulating the collection, processing, and retention of personal data.
With My Data Solution, explore the ins and outs of GDPR compliance. We provide you with our expertise to help you understand and comply with the requirements of this essential legislation for the protection of personal data.
What are the main principles of the GDPR to be respected?
The main principles of the GDPR, which any company or organization processing personal data must respect, are as follows:
- Lawfulness, Fairness and Transparency: Personal data must be processed lawfully, fairly and in a transparent manner in relation to the data subject.
- Purpose Limitation: Personal data must be collected only for specific, explicit and legitimate purposes, and must not be further processed in a manner incompatible with those purposes.
- Data Minimization: Personal data collected must be adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed.
- Data Accuracy: Personal data must be accurate and, where necessary, kept up to date; all reasonable steps must be taken to ensure that data that is inaccurate, in relation to the purposes for which it is processed, is erased or rectified without delay.
- Retention Limitation: Personal data must be retained only for as long as is necessary for the purposes of the processing.
- Integrity and Confidentiality: Personal data must be processed in a manner that ensures its security, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures.
- Accountability and Transparency: The data controller is responsible for compliance with the principles set out in the GDPR and must be able to demonstrate this compliance.
What are the general obligations for compliance?
The general obligations of GDPR compliance include:
1. Appointment of a Data Protection Officer (DPO): Organizations must appoint a DPO if their core business involves regular and systematic large-scale tracking of individuals, or if they process special categories of data on a large scale.
Example: A technology company that regularly processes sensitive data such as health information or biometric data appoints a DPO to oversee data protection practices.
2. Maintaining a Record of Processing Activities: Companies must document their personal data processing activities, including the purposes of the processing, the categories of data concerned, the recipients of the data, and the security measures in place.
Example: An e-commerce company maintains a detailed record of all personal data collected, including information about customer purchases, shipping addresses, and payment preferences.
3. Data Breach Notification: In the event of a personal data breach that is likely to result in a risk to the rights and freedoms of data subjects, companies must notify the relevant supervisory authority within 72 hours of becoming aware of the breach.
Example: An online platform discovers a security breach resulting in unauthorized access to user information. It immediately notifies the relevant supervisory authority and also informs affected users of the breach and the measures taken to remedy the situation.
4. Data Protection Impact Assessment (PIA): When processing is likely to pose a high risk to the rights and freedoms of data subjects, companies must conduct a PIA to assess the risks and the measures to mitigate them.
Example: Before launching a new human resources management system that collects sensitive data such as employees’ medical history, a company conducts a PIA to identify potential privacy risks and put in place adequate security measures.
5. Accountability Principle: Organizations must be able to demonstrate their compliance with the GDPR by implementing appropriate policies, procedures, and technical and organizational measures.
Example: A digital marketing organization documents its privacy policies, consent management procedures, and data security measures in an internal compliance manual, which it regularly updates to reflect changes in regulations or business practices.
These general obligations are the fundamental pillars of GDPR compliance, ensuring that personal data is adequately protected and that individuals’ rights are respected.
What is the process for complying with the GDPR?
- Initial Assessment:
- Identify all personal data collected and processed by the organization, including its source, purpose and retention period.
- Map data flows through the organization to understand how data moves and is used.
- Assess the organization’s current data protection policies and procedures, including security measures in place.
- Risk Analysis:
- Identify potential risks to the rights and freedoms of data subjects associated with the processing of personal data.
- Assess the impact and likelihood of these risks to determine their criticality.
- Prioritize risks based on their criticality to guide compliance efforts.
- Develop an Action Plan:
- Define clear compliance objectives based on the results of the risk assessment and analysis.
- Identify specific measures to be implemented to address identified gaps and reduce risks.
- Establish a realistic timeline for implementing the measures, taking into account available resources and operational constraints.
- Implementation of Measures:
- Implement the measures defined in the action plan, involving the entire organization.
- Ensure communication and staff awareness of new data protection policies and procedures.
- Integrate appropriate technology solutions to strengthen data security and facilitate compliance.
- Monitoring and Review:
- Put in place monitoring mechanisms to regularly assess the effectiveness of implemented measures and monitor potential security incidents.
- Conduct periodic audits to verify compliance with GDPR requirements and identify areas requiring improvement.
- Review and update policies and procedures based on regulatory or organizational practice changes, ensuring continued GDPR compliance.
