Before one can start working on their GDPR compliance checklist, it’s crucial to understand what the GDPR is and who it impacts.
What is GDPR?
The General Data Protection Regulation (GDPR) is a set of rules designed to give EU citizens more control over their personal data. It seeks to simplify the regulatory environment for business so both citizens and businesses in the European Union can fully benefit from the digital economy. The reforms are designed to reflect the world we’re living in now, and brings laws and obligations across Europe up to speed for the internet-connected age.
Essentially, almost every aspect of our lives revolves around data. From social media companies, to banks, retailers, and governments — almost every service we use involves the collection and analysis of our personal data. Your name, address, credit card number and more all collected, analysed and, perhaps most importantly, stored by organisations. GDPR is, at its heart, designed to protect and empower all EU citizens data privacy and to reshape the way organisations across the region approach data privacy. You can learn more about the general data protection regulation in our comprehensive guide.
Who Needs to Comply with GDPR?
GDPR applies to any organisation operating within the EU, as well as any organisations outside of the EU which offer goods or services to customers or businesses in the EU. That ultimately means that almost every major corporation in the world needs a GDPR compliance strategy.
At its core, GDPR is a new set of rules designed to give EU citizens more control over their personal data. It aims to simplify the regulatory environment for business so both citizens and businesses in the European Union can fully benefit from the digital economy.
The regulations apply to both controllers and processors of data — meaning ‘clouds’ are not exempt from GDPR enforcement. The definitions of controllers and processors are broadly the same as under the Data Protection Act – with the controller saying how and why personal data is processed and the processor acting on the controller’s behalf. If you are currently subject to the DPA, it is likely you will also be subject to the GDPR. You can learn more about who needs to comply with GDPR and what constitutes as a gdpr data controller on our blog.
As the landscape of technological advancement continues to expand, so too will the impact of GDPR, making understanding and compliance with this regulation more important with each passing day.
Key Principles of GDPR
The General Data Protection Regulation (GDPR) is underpinned by seven key principles. These principles, which lie at the heart of the privacy and data protection law, are not rules, but rather, overarching themes or guidelines that should shape any organisation’s approach to processing personal data.
Lawfulness, Fairness, and Transparency
The principle of lawfulness, fairness, and transparency sets out that personal data must be processed lawfully, fairly, and in a transparent manner in relation to the data subject. This means that organisations must provide clear information about their data processing activities, comply with the relevant laws, and ensure fair treatment of the individuals whose personal data they are handling. More details about this principle can be found in our GDPR personal data definition article.
The principle of purpose limitation mandates that personal data must be collected for specified, explicit, and legitimate purposes only. It should not be further processed in a manner that is incompatible with those purposes. In other words, organisations must be clear about why they are collecting personal data, and stick to it.
The data minimisation principle requires that personal data must be adequate, relevant, and limited to what is necessary for the purposes for which they are processed. Organisations should only collect and process the data they need, and nothing more.
Under the accuracy principle, personal data must be accurate and, where necessary, kept up to date. Organisations are required to take every reasonable step to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay.
The storage limitation principle stipulates that personal data must be kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed. This means that organisations should not retain personal data for longer than needed, and must dispose of it securely when it’s no longer required.
Integrity and Confidentiality
The principle of integrity and confidentiality, also known as the security principle, requires that personal data must be processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction, or damage. Organisations should use appropriate technical or organisational measures to achieve this, as discussed in our GDPR data protection article.
The accountability principle is one of the most important features of GDPR. It makes it clear that organisations are responsible for complying with the GDPR, and must be able to demonstrate compliance. This includes showing that they have appropriate measures and records in place to prove they are meeting their legal obligations. More information can be found in our article on GDPR data protection officer.
These key principles of GDPR form the basis of any GDPR compliance checklist. Understanding and applying these principles correctly is crucial for any organisation dealing with personal data, and can greatly reduce the risk of a data breach and the associated penalties.
GDPR Compliance Checklist
To ensure adherence to the General Data Protection Regulation (GDPR), it’s crucial to have a clear checklist for compliance. The following steps offer a practical guide to achieving GDPR compliance.
Appoint a Data Protection Officer
The first step in your GDPR compliance checklist is appointing a Data Protection Officer (DPO). This individual will oversee GDPR compliance and data protection strategies within your organisation. The DPO should have expert knowledge of data protection law and practices. For more information, refer to our detailed article on the role of a GDPR data protection officer.
Conduct a Data Audit
A comprehensive data audit is an essential aspect of GDPR compliance. This process involves identifying and cataloguing all personal data held by your organisation. The audit should also determine how this data is processed, stored, and shared, and whether it complies with the principles of the GDPR.
Implement Privacy by Design
Another critical step is implementing Privacy by Design, a strategy that integrates data privacy into the design and operation of IT systems, networked infrastructure, and business practices. This proactive approach helps ensure that privacy is considered at every stage of product or service development, reducing the risk of data breaches and non-compliance.
Establish a Data Protection Policy
A clear, well-documented data protection policy is vital. This policy should provide guidance on data protection responsibilities, procedures, and principles within your organisation. It should also outline the rights of data subjects, as discussed in our article on GDPR data subject rights.
Define a Data Breach Response Plan
Finally, define a Data Breach Response Plan. This plan should detail the steps to be taken in the event of a data breach, including notification procedures as outlined by the GDPR. For more guidance on creating a response plan, read our article on GDPR data breach notification.
By following this checklist, organisations can work towards GDPR compliance, safeguarding data and upholding the rights of data subjects. Regular audits, training, and reviews should also be conducted to ensure ongoing compliance. For more detailed information on GDPR and its requirements, refer to our comprehensive article on GDPR requirements.
Rights of the Data Subject
Central to the General Data Protection Regulation (GDPR) are the rights it affords to individuals, or “data subjects”, with regard to their personal information. These rights empower data subjects to have more control over how their information is used by organisations. Understanding these rights is a crucial part of any GDPR compliance checklist.
Right to Information
The right to information means that data subjects have the right to be informed about the collection and use of their personal data. This includes the purpose for which the data is being collected, how long it will be stored, and who it will be shared with. It’s the responsibility of the data controller to provide this information in a clear, transparent, and easily accessible form.
Right to Access
The right to access, also known as subject access, gives individuals the right to obtain a copy of their personal data as well as other supplementary information. This helps them to understand how and why their data is being used, and verify the lawfulness of the processing.
Right to Rectification
The right to rectification gives individuals the right to have inaccurate personal data rectified, or completed if it is incomplete. An individual can make a request for rectification verbally or in writing, and the organisation has one month to respond to the request.
Right to Erasure
Also known as the ‘right to be forgotten’, the right to erasure allows individuals to request the deletion or removal of their personal data where there is no compelling reason for its continued processing. This is not an absolute right and depends on the context and the GDPR requirements in force.
Right to Restrict Processing
The right to restrict processing allows individuals to request the restriction or suppression of their personal data in certain circumstances. This means that an organisation can continue to store the personal data, but not use it.
Right to Data Portability
The right to data portability allows individuals to obtain and reuse their personal data across different services. It allows them to securely move, copy or transfer personal data from one IT environment to another in a safe and secure way, without affecting its usability.
Right to Object
The right to object gives individuals the right to object to the processing of their personal data in certain circumstances. Individuals have an absolute right to stop their data being used for direct marketing.
Understanding and implementing these rights within an organisation is a crucial step in achieving GDPR compliance. It’s about respect for the individual and their personal data. For more information on the GDPR and the rights of data subjects, read our article on GDPR data subject rights.
Achieving compliance with the General Data Protection Regulation (GDPR) is a continuous process, not a one-time event. It involves several steps and measures that need to be regularly monitored and updated. The following aspects of a GDPR compliance checklist are crucial for any organisation aiming to fully comply with GDPR regulations.
Regular Training and Awareness
One of the key steps in achieving GDPR compliance is ensuring regular training and awareness for all staff members. This not only includes understanding the general data protection regulation itself, but also recognising the ways GDPR affects their daily work tasks and responsibilities.
Regular training sessions can help staff become familiar with GDPR requirements, understand the GDPR personal data definition, and learn how to handle personal data in accordance with GDPR guidelines. For more tips on conducting effective GDPR training, refer to our guide on gdpr data protection training.
Regular Audits and Assessments
Regular audits and assessments are essential to ensure ongoing compliance with GDPR. These audits should be conducted to identify any potential gaps or weaknesses in your compliance efforts and to assess whether the data you collect, store, and process complies with GDPR regulations.
Data Protection Impact Assessments
Data Protection Impact Assessments (DPIAs) are integral to GDPR compliance. A DPIA is a process designed to help organisations identify and minimise the data protection risks of a project. It is mandatory for projects that are likely to result in a high risk to the rights and freedoms of individuals.
Conducting a DPIA can not only help you identify any potential data protection risks but also allows you to demonstrate that you have taken necessary steps to address these risks. The DPIA should be updated regularly to reflect any changes in the way you handle personal data.
Compliance with International Data Transfers
GDPR has strict rules regarding the transfer of personal data outside the European Economic Area (EEA). Ensuring compliance with these rules is an important part of your GDPR compliance efforts. This may involve assessing the level of data protection in the destination country and implementing appropriate safeguards to protect the transferred data.
Record Keeping for Compliance
Keeping detailed records of your data processing activities is an essential part of GDPR compliance. These records should include the purposes of the processing, a description of the categories of data and recipients, any transfers of personal data to a third country, and a general description of the security measures in place.
Organisations are required to maintain these records to demonstrate compliance with GDPR and to provide them to the relevant supervisory authority upon request. For more information on record-keeping requirements under GDPR, refer to our guide on gdpr data controller responsibilities.
In conclusion, achieving GDPR compliance requires a commitment to ongoing training, regular audits and assessments, conducting DPIAs, ensuring compliance with international data transfers, and maintaining detailed records of your data processing activities. By following these steps, you can ensure that your organisation remains compliant with GDPR requirements and is ready to respond effectively to any data protection challenges that may arise.