GDPR Data Controllers Best Practices – Control and Compliance

Understanding GDPR

Before delving into the responsibilities of a GDPR data controller, it’s crucial to have a fundamental understanding of what the General Data Protection Regulation (GDPR) is and its implications.

What is GDPR?

The General Data Protection Regulation (GDPR) is a crucial legal framework that sets stringent guidelines for the collection and processing of personal data from individuals who live in the European Union (EU). Implemented in May 2018, GDPR has fundamentally reshaped the way organizations across the globe approach data privacy.

GDPR was designed to achieve three primary objectives:

• Reshape Organizational Approach: To compel organizations worldwide to adopt a new, higher standard of data privacy and accountability.
• Harmonize EU Law: To create a unified and consistent set of data privacy laws across all member states in Europe.
• Protect Data Privacy: To safeguard the data privacy and fundamental rights of EU citizens.

The regulation applies to any organization that processes the personal data of individuals in the EU, regardless of where the organization itself is based. This extra-territorial reach makes GDPR a global standard for data protection. Refer to our article on the general data protection regulation.

Who is a Data Controller Under GDPR?

Under the General Data Protection Regulation (GDPR), a Data Controller is defined as the entity that determines the purposes and means of the processing of personal data. In simpler terms, if your organization decides why and how personal data should be processed, it is considered the Data Controller.

Examples of Data Controllers vary widely in size and function:

• A large multinational corporation that maintains a database of its customers’ personal data (e.g., for sales and marketing purposes).
• A local council keeping a list of its residents for council tax purposes.
• Even an individual can be a Data Controller if they process personal data as a necessary part of their business operations.

Being a GDPR Data Controller carries a significant level of responsibility as they are accountable for their compliance with the GDPR and must be able to demonstrate that compliance to the relevant data protection authorities. This involves ensuring:

• That personal data is processed in a lawful, fair, and transparent manner.
• That appropriate technical and organizational security measures are in place to protect the data.

For more detailed information on the role and responsibilities of a GDPR data controller, refer to our article on gdpr requirements.

GDPR Compliance for Data Controllers

The Data Controller (the entity that determines the ‘why’ and ‘how’ of processing personal data) bears the primary responsibility for GDPR compliance. This involves taking a proactive, accountable approach to all data handling.

Key Responsibilities of a GDPR Data Controller

The Data Controller (the entity that determines the purposes and means of processing personal data) holds significant responsibilities in ensuring compliance with the General Data Protection Regulation (GDPR) and protecting the rights of data subjects.

The controller is accountable for and must be able to demonstrate compliance with the following core principles:

1. Data Processing Legality: Ensuring that all data processing activities are lawful, fair, and transparent, in accordance with the GDPR requirements.
2. Data Minimisation: Collecting and processing only the necessary personal data that is strictly required for the specified, explicit purpose, and ensuring the data is processed only for as long as necessary.
3. Data Accuracy: Taking every reasonable step to ensure personal data is accurate and, where necessary, kept up-to-date and rectified or erased without delay.
4. Data Security: Implementing appropriate technical and organisational measures to protect personal data against unauthorised or unlawful processing and accidental loss, destruction, or damage.
5. Accountability: Actively demonstrating compliance with all GDPR principles and maintaining relevant documentation and records of processing activities.
6. Data Protection Officer: Appointing a GDPR Data Protection Officer if legally required (e.g., if processing is carried out by a public authority or involves large-scale monitoring of data subjects).

For a comprehensive guide to GDPR compliance, refer to our GDPR compliance checklist.

Understanding Data Subjects’ Rights

The General Data Protection Regulation (GDPR) has established several fundamental rights for data subjects to safeguard their personal data. A GDPR data controller must recognize these rights and provide mechanisms for individuals to exercise them effectively.

The key rights of data subjects under GDPR include:

1. Right to Information: Data subjects have the right to receive clear and transparent information about how and why their data is being used by the controller.
2. Right to Access: Data subjects can request confirmation that their data is being processed, and ask for access to their personal data and details on how it is being used.
3. Right to Rectification: If personal data held by the controller is inaccurate or incomplete, data subjects have the right to have it rectified (corrected) without undue delay.
4. Right to Erasure (Right to be Forgotten): In certain defined circumstances (e.g., when the data is no longer necessary for the purpose it was collected), data subjects can request the deletion or removal of their personal data.
5. Right to Restrict Processing: Data subjects have the right to temporarily block or restrict the processing of their personal data under specific conditions (e.g., while its accuracy is being verified).
6. Right to Data Portability: This allows data subjects to obtain and reuse their personal data for their own purposes across different services, receiving it in a structured, commonly used, and machine-readable format.
7. Right to Object: In certain circumstances (e.g., processing based on legitimate interests or direct marketing), data subjects have the right to object to their personal data being processed.
8. Rights Related to Automated Decision Making and Profiling: This protects data subjects in cases where decisions that significantly affect them are being made solely based on automated processing, including profiling.

For a deeper understanding of each right, please refer to our article on GDPR data subject rights.

In summary, a GDPR data controller must be fully aware of their responsibilities and the rights of data subjects. Embracing these aspects of GDPR not only ensures legal compliance but also enhances trust with data subjects, promoting a culture of transparency and respect for privacy.

Best Practices for GDPR Data Controllers

As a GDPR data controller, it’s crucial to adhere to the best practices to ensure full compliance with the regulations. This involves developing a robust data protection policy, implementing privacy by design and default, and conducting regular Data Protection Impact Assessments (DPIAs).

Developing a Data Protection Policy

The crucial first step in ensuring GDPR compliance is to develop a comprehensive data protection policy.

This policy should clearly outline:

• Data Handling: How personal data is collected, stored, processed, and shared within the organization. This covers everything from customer forms to cloud storage practices.
• Data Subject Rights: The policy must explicitly specify the rights of the data subjects (e.g., right to access, right to erasure) and detail how these rights will be upheld and facilitated by the organization.
• Security Measures: The technical and organizational security measures in place to protect the data.

The policy must be easily accessible to all employees and should be regularly reviewed and updated to reflect any changes in the organization’s data processing activities or evolving regulatory requirements. This ensures the policy remains relevant and enforceable.

For more guidance on creating a GDPR compliant data protection policy, you can refer to our gdpr privacy policy article.

Implementing Privacy by Design and Default

Privacy by Design and Default (enshrined in Article 25 of the GDPR) is a legal requirement that data protection measures must be integrated into the design of systems and processes from the outset, rather than being added as an afterthought. This requires a proactive, preventative, not reactive approach.

This aspect requires the controller to implement appropriate technical and organizational measures (such as pseudonymisation and encryption) during the design phase of any system, service, or process that handles personal data. The goal is to ensure privacy safeguards are “baked in” throughout the entire lifecycle of the data.

This aspect requires the controller to ensure that, by default, only personal data which is strictly necessary for each specific purpose of the processing is collected and processed. This principle links directly to data minimisation and purpose limitation. Practically, this means:

• Only necessary data is collected (minimizing the amount).
• Data is only kept for the minimum necessary storage period.
• Personal data is not automatically made publicly available to an indefinite number of persons unless the individual decides to make it so.
• Privacy settings should be set to the highest level by default, ensuring the individual does not have to take any action for their information to be secured.

Controllers must consider factors like the state of the art (current available technology), the cost of implementation, and the risks posed to individuals’ rights when determining these measures.

For more details on how to implement Privacy by Design and Default in your organisation, you can refer to our gdpr requirements article.

Conducting Regular Data Protection Impact Assessments

A Data Protection Impact Assessment (DPIA) is a mandatory process for identifying and mitigating risks to the privacy rights and freedoms of data subjects.

Under Article 35 of the GDPR, conducting a DPIA is required prior to processing when the activity is likely to result in a high risk to individuals. It is considered good practice even when not mandatory to ensure all data processing is in line with GDPR.

During a DPIA, the data controller should evaluate the necessity and proportionality of the processing operations, identify and assess the risks to the data subjects, and outline the measures to address these risks. Regular DPIAs not only help to maintain GDPR compliance but also foster a culture of data protection within the organisation.

For a step-by-step guide on conducting a DPIA, you can refer to our GDPR compliance checklist article.

By following these best practices, GDPR data controllers can effectively protect the personal data they handle and maintain compliance with the general data protection regulation.

Dealing with Data Breaches

Data breaches pose a significant risk to any organisation, and under the General Data Protection Regulation (GDPR), a GDPR data controller has specific responsibilities in managing these incidents.

Implementing a Data Breach Response Plan

In the event of a data breach, a swift and effective response can significantly mitigate the potential damage. It is the core responsibility of the Data Controller to have a robust data breach response plan in place. This plan should outline the specific actions to be taken immediately upon discovery of a data breach, ensuring compliance with the strict 72-hour GDPR notification deadline.

The response plan must include clear procedures for managing the incident in five critical phases:

1. Identification and Containment: Procedures for immediately identifying and isolating the breach (e.g., isolating affected systems and changing passwords) to prevent further data loss and stop the spread of the threat.
2. Assessment and Investigation: Procedures for assessing the scope and impact of the breach, including a forensic investigation to determine the root cause, the nature of data compromised, and the risk level to affected individuals.
3. Notification and Reporting: Detailed protocols for notifying the relevant Supervisory Authority (within 72 hours, where feasible) and the affected data subjects (if the risk to their rights and freedoms is high), as strictly required under GDPR.
4. Remediation and Recovery: Steps to fix vulnerabilities, restore systems from clean backups, and prevent recurrence.
5. Documentation: The plan must enforce the documentation of all facts relating to the breach, its effects, and the remedial actions taken, which is required regardless of the notification status.

This structured approach ensures the controller acts quickly, contains the damage, and meets all legal obligations, minimizing fines and reputational harm

For more information on creating an effective data breach response plan, see our gdpr data breach notification article.

Reporting Data Breaches

One of the key duties of a GDPR Data Controller is to report data breaches to the appropriate Supervisory Authority (SA) within 72 hours of becoming aware of the breach, unless the breach is unlikely to pose a risk to individuals’ rights and freedoms.

This mandatory report must provide detailed, factual information, including:

• Details about the nature of the breach (e.g., unauthorized access, accidental loss).
• The categories and approximate numbers of data subjects and personal data records affected.
• The potential consequences of the breach (e.g., risk of identity theft).
• The measures taken or proposed to mitigate its possible adverse effects.

Furthermore, if the data breach is likely to result in a high risk to the rights and freedoms of the data subjects, the Data Controller must communicate the breach directly to the affected individuals without undue delay. This communication should clearly describe the nature of the breach and provide specific advice to help individuals protect themselves from its effects (e.g., reset passwords).

It is essential to document all data breaches, regardless of their size or impact. This documentation should include the facts of the breach, its effects, and remedial actions taken. This will be a crucial part of the proof of compliance required under GDPR (the principle of Accountability).

It’s important for every GDPR data controller to be fully prepared to handle data breaches. By having a comprehensive response plan and understanding reporting obligations, you can ensure that your organisation remains compliant with GDPR requirements in the event of a breach.

For more guidance on GDPR compliance, refer to our GDPR compliance checklist.

Training and Awareness

Ensuring compliance with GDPR is a continuous process that involves not only implementing technical security measures but also maintaining an informed and aware team. Staff training is a critical, ongoing requirement under the GDPR’s Accountability Principle.

Importance of Staff Training on GDPR

A well-informed team is a critical asset for any GDPR Data Controller. Comprehensive staff training is absolutely essential to ensure that every team member fully understands the General Data Protection Regulation (GDPR) and the specific responsibilities it brings.

GDPR training should cover fundamental concepts to equip staff with the necessary knowledge to make informed decisions about data handling:

• GDPR Personal Data Definition: Understanding what specific information (e.g., name, address, online identifiers, economic data) constitutes “personal data” and must be protected.
• GDPR Data Subject Rights: Training staff on the eight fundamental GDPR data subject rights (e.g., the right to access, right to erasure/be forgotten, right to rectification) and how to process requests related to these rights.
• How to Handle Data Breaches: Ensuring every employee knows what constitutes a data breach and the immediate internal protocol for reporting it, which is critical for the organization to meet the 72-hour notification deadline.

For guidance on how to structure a GDPR training program, refer to our GDPR data protection training guide.

Keeping Up with Ongoing GDPR Developments

As a dynamic regulation, GDPR continues to evolve in response to emerging data protection challenges and technological advancements (such as AI and stricter rules on cross-border data transfer). Therefore, it is absolutely crucial for a GDPR Data Controller to stay updated with these developments.

Adapting to these changes promptly ensures that your organization’s data protection practices remain compliant and effective. Since GDPR audits are not legally mandatory but are best practice, organizations should complete them annually or more frequently if involved in high-risk processing or mergers.

• Review Action: Regular reviews of the GDPR compliance checklist can be beneficial in this regard, helping to separate businesses that merely treat GDPR as a “tick-box exercise” from those that apply it daily in operations.

Moreover, ongoing training should be conducted to keep the staff abreast of these changes. Experts recommend annual refresher training combined with intermittent training. This education should cover critical updates in areas such as:

• GDPR Requirements: New legal bases or enforcement decisions.
• GDPR Privacy Policy Revisions: Ensuring staff understand any changes to company procedures.
• New Procedures for GDPR Data Breach Notification: Staff must know updated protocols for immediate internal reporting to meet the strict 72-hour timeline.

In conclusion, effective training and continuous learning are vital for maintaining GDPR compliance. By fostering a culture of data protection, a GDPR data controller can uphold their obligations and protect the rights of data subjects effectively.