How can businesses ensure GDPR compliance?
The General Data Protection Regulation (GDPR) is a law that businesses must comply with to handle personal data. It applies to all companies that handle EU citizens’ personal data, regardless of their location. This article discusses the ten steps businesses must take to ensure GDPR compliance.
1. Understand the GDPR
The first step is to understand what the GDPR requires, including personal data, compliance obligations, and individual rights. Businesses should read official guidance and seek legal advice.
2. Conduct a Data Audit
A data audit identifies what personal data is held, where it came from, how it is processed, who it is shared with, and how long it is retained. This exercise helps identify and delete unnecessary or illegally held personal data.
3. Appoint a Data Protection Officer
Bigger businesses with high-volume handling of sensitive personal data should appoint a Data Protection Officer (DPO). It can be helpful even for businesses that are not legally required to appoint one. A DPO ensures GDPR compliance and serves as an individual and data protection authority contact point and should have expert knowledge of data protection law and practices.
4. Implement a Privacy Policy
Every business that processes personal data must have a privacy policy that explains how it collects, uses, shares, and protects personal data. The policy should be clear, concise, and easy to understand, and individuals should be able to access it easily and keep it updated.
5. Obtain Consent
Businesses must obtain individual consent before processing their personal information. It must be freely given, specific, informed, and unambiguous. Individuals should have the right to withdraw their consent at any time, and records of consent must demonstrate compliance with GDPR.
6. Implement Security Measures
Businesses must implement appropriate technical and organizational measures to ensure the personal data’s security. Measures include encryption, data backups, access controls, and staff training. Businesses should assess risks and ensure appropriate security measures.
7. Respond to Data Subject Requests
Individuals have the right to access their personal information, correct or erase it, and object to its processing. Businesses must respond to these requests within one month and free of charge. There should be procedures to identify and respond to data subject requests.
8. Implement Data Protection Impact Assessments
Data Protection Impact Assessments (DPIAs) are for identifying and mitigating risks to personal data processing activities. Businesses must conduct a DPIA for high-risk activities, such as processing more sensitive personal data or using new technologies but are encouraged to do so for all processing activities.
9. Implement a Data Breach Response Plan
Businesses must notify the relevant data protection authority within 72 hours of becoming aware of a personal data breach. If it poses a high risk, affected individuals must also be notified. There should be a data breach response plan in place to detect and respond to breaches.
10. Train Staff
All staff should receive training on GDPR and how to handle personal data, respond to data subject requests, and report data breaches. A data protection champion should provide training and support to staff.
Compliance with GDPR not only helps businesses avoid penalties and reputational damage but also demonstrates their commitment to customer trust and data protection.