Suzanne Dibble is a business lawyer who has advised huge multi-national corporations, private equity-backed enterprises, and household names. Ahrefs.com can pretty much confirm the chaos that surrounded the online world with businesses hectically searching for keywords like GDPR compliance, GDPR consent, GDPR checklist and GDPR for dummies showing immense spikes for the month of May, some showing over 4 … You must respond to the DSAR within 30 days. Has the organization’s own documents and policies been updated to ensure data is protected as described in Articles 13 and 14 of GDPR? Understand the common misconceptions and grey areas around the new GDPR regulations and learn how these can be debunked. The US Federal Trade Commission or Department for Transportation are responsible for enforcing these rules, depending on the nature of the data. If it is maintained digitally, it must be encrypted. Ensure privacy is a top priority for the organization. This is also known as “the right to object”. For example, if participants in a survey are grouped by county instead of town, it makes them harder to identify as there may be several people with the same name in a county, but potentially only one in any particular town. These US citizens who are in the EU when the service is offered and their behavior is monitored are “in the EU” and therefore the GDPR applies to this data processing. 1) Become familiar with the basics of GDPR and its implications for your organisation. Any material that contains a person’s personal private information must be stored in a secure manner. GDPR sets out to protect personal data, although doing so may mean contravening other GDPR rules. Ensure secure transmission of data: Private information should not be sent via insecure channels, free email services, or via fax or text message. Google was fined 50 million euros for a failure to follow the principles of the GDPR. Document any personal data you hold, where it came from and who you share it with. This is a straight-forward enough question to answer if your business is entirely based in Spain, France or Italy, but what if your main business is located outside of the EU and you have a very small presence in an EU country? GDPR requires all organisations to know the details of what data they hold, where they store it, for what reason they use it, and who is responsible for managing it. However, with regards to data protection, it is very likely that the UK’s new Data Protection Laws will take the same form as GDPR. Is there a clear record of who was involved from the third party? Processors and controllers are responsible for ensuring data security at every stage of its lifecycle. Let’s look at the reasons why. Practice secure storage: This goes hand-in-hand with the clear desk policy. This was the highest percentage out of all ten countries surveyed, including Spain, Canada, Australia, the UK, Singapore, France, Argentina, Germany, and the Netherlands. For example, if you’re established in the United States and have no data subjects in Ireland, you cannot appoint a representative in Ireland because you speak the same language. Downstream protection – As well as the initial collector of data, any party with whom the information is shared must also adhere to GDPR requirements. that contain private data should not be disposed of without first ensuring that all protected data has been securely removed from the devices. In certain situations, individuals may request that their data is not processed, or that its processing is “restricted”. Finally, there are the data subjects. One example is that of an app offered by a US based start-up that provides city mapping and targeted advertising for tourists from the US visiting European cities such as London, Paris and Rome. If businesses hope to offer goods or services to citizens of the EU, they will be subject to the penalties imposed by the GDPR. If an individual poses a threat to the rights and freedoms of others, it is often the case their data is no longer protected under GDPR in the same way as data of other citizens. EU data subjects were able to submit DSARs to data controllers under previous data protection legislation, but the GDPRintroduces three notable differences to the DSAR process: 1. The controller is the entity that collects and uses personal data or shares that information. All organizations outside Europe also require to accept these new rules during their process of doing business. You display telephone numbers with international codes. These types of data are treated as ‘special categories’ of data under GDPR. 5.0 out of 5 stars Great book for anyone who wants to understand GDPR! Reports should also be made if there has been a suspected, but unconfirmed, breach of data. Sweeping GDPR regulations will go into effect in just a few months, and businesses are scrambling to be in compliance. It is, of course, essential to ensure that all employees are trained on their responsibilities under GDPR and strictly adhere to these practices to minimize the risk of GDPR non-compliance. The GDPR has far-reaching implications for all citizens of the European Union and businesses operating within the EU, regardless of physical location. If you have a few one-off sales in the EU or sign-ups to your newsletter from data subjects in the EU, for example, you may not be subject to the GDPR. Although it’s been in place since May 2018, it still causes a lot of confusion. The clock is ticking… #GDPR 5. Secure workplaces from unauthorized personnel: Workstations should be set up to prevent unauthorized visitors from seeing computer monitors, accidentally or otherwise. These regulations apply to all businesses established in the EU and to businesses established outside of the EU insofar … Therefore, apps used to collect or process personal data are also subject to GDPR compliance. GDPR For Dummies sets out in simple steps how small business owners can comply with the complex General Data Protection Regulations (GDPR). Additionally, senders of information should double-check to see if recipients are authorized to receive the information. Introduction: The new General Data Protection Regulation (GDPR) determines how your business does business from May 2018. Privacy is considered to be a fundamental aspect of the right to human dignity. British Airways was fined £183m and Marriott was fined £99m for security breaches. These can help guard against both malicious breaches of information and breaches that result from human error. Those who hold an individual’s personal data must delete that infomration upon request if the following conditions are met: Data subjects also have the “right to be informed”. While these policies cave companies money have the potential to increase the risk of information theft. Here are the steps you should take to evaluate your businesses data … Is there a transparent code of conduct relating to GDPR compliance between departments? GDPR Checklist. What is legal in one country may not be legal in another. To meet the criteria, organizations must conduct an annual review to self-certify that they are compliant. It even includes a checklist and a list of supervisory authorities. Are there adequate procedures to test security measures? When it came into force, GDPR established the right to erasure, commonly called the “right to be forgotten”. Lawfulness – Consent is usually needed to share private data, although when consent is not necessary there must be a clear legal basis for sharing data. ), Processing of data for scientific/historical research, The subject withdraws consent to process their data, The subject objects to the processing of the their data. A Representative can be a person or organization that acts as a liaison between your organization and EU supervisory authorities who investigate and enforce data protection matters. More than just avoiding monetary penalties, organizations across industries have an opportunity to appeal to consumers worldwide as a champion of consumer privacy through GDPR compliance. Has the protection officer’s contact details been communicated to employees (an explicit requirement of Article 37 (7) of GDPR)? Under GDPR, a data controller determines the reasons for collecting data and how it will be processed. In some instances, processing may be restricted for a certain period, after which the data can be used. Helpful. When an incident occurs that leads to the “accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data”, it should be reported to the Data Protection Authority in which the organization is based within 72 hours – or, if the organization is based outside the EU, to the Data Protection Authority in which the organization´s European representative is located. Additionally, there are plans to conduct an annual review of GDPR, so organizations must make sure they stay updated on the latest requirements. Do you need an Article 27 representative? Is there a management system in place to ensure that data is protected and data processing complies with GDPR regulations? OCR Confirms Allowable Disclosures of ePHI to Health Information Exchanges for Public Health Purposes, OCR Fines University of Cincinnati Medical Center $65,000 for Failure to Provide Patient’s Medical Records, OCR Announces 11th Financial Penalty under HIPAA Right of Access Enforcement Initiative, 10th Financial Penalty Announced Under OCR’s HIPAA Right of Access Enforcement Initiative, ShopRite Data Breach Results in $235,000 HIPAA Penalty for Wakefern Food Corporation, City of New Haven Settles HIPAA Violation Case with OCR for $202K, Aetna Pays $1,000,000 Penalty to Resolve Multiple Violations of the HIPAA Rules, $100,000 Financial Penalty Imposed on NY Spine for HIPAA Right of Access Failure, Community Health Systems Settles Data Breach Case with 28 State Attorneys General for $5 Million, OCR Issues 8th HIPAA Penalty Under HIPAA Right of Access Enforcement Initiative, Anthem Settles Multi-State Action with State Attorneys General Over 2014 Data Breach, Premera Blue Cross to Pay $6.8 Million OCR HIPAA Fine for 2014 Data Breach, $2.3 Million HIPAA Penalty for Business Associate for 6 Million-Record Data Breach, Athens Orthopedic Clinic Agrees to Pay $1.5 Million to Settle OCR HIPAA Violation Case, Americans Largely Unaware of Extent that Health Insurers Access their Online Data, OCR Updates mHealth Portal Adding New Resources for HIPAA Health App Developers, Before You Can Safeguard PHI, You Must Know Where it is Located, Health Plans Added to June 2020 OCR Plasma Donation Guidance, OCR Issues Warning About Misleading Postcards Sent to Compliance Officers About HIPAA Security Risk Assessments, Copyright © 2007-2020 The HIPAA Guide Site Map Privacy Policy About The HIPAA Guide, In 2019, the Department of Health and Human Services’ Office for Civil Rights announced a new HIPAA. Ensure third parties also adhere to GDPR. 2) Perform a comprehensive audit on data, and assess what data is being held and for what purpose. There are particular pieces of information that are particularly sensitive and could result in individuals coming to harm or being vulnerable in the event of a data breach. Adopted in 2016, the EU-US Privacy Shield Framework allows private data to be transferred outside of the EU if the recipient organization is certified by the US Department of Commerce or the EU Supervisory Authority. You will no doubt have heard of the headline fines introduced by the GDPR — a maximum of 20 million euros or 4% of your worldwide turnover for the previous financial year, whichever is the higher. You’re displaying prices in an EU currency. According to a 2018 survey by Acxiom, 82% of people in the US are concerned about the issue of online privacy. This is necessary as the EU has ruled that the US privacy laws are inadequate. What is GDPR? Essentially, this means that data must only be used for a pre-defined purpose and must be held securely within the EU and only accessed by those with adequate authorization. Notification – Organizations must provide clear information to their customers about when and how their data are being used and if personal data are being transferred to a third party. Will this be done in a timely manner? In this case, it will be necessary to re-migrate the data to a GDPR-compliant region. GDPR for Dummies: Conclusion It is important to note this GDPR Guide for Dummies is a very basic guide and should not be considered a basis for GDPR compliance. By Suzanne Dibble . What are the GDPR penalties for non-compliance? Any business or organization that offers services to EU data subjects that collects, processes or stores the data of EU data subjects has to comply with GDPR regardless of the location of that business or organization. GDPR for Dummies – Checklist Ensure senior management are aware of GDPR and its requirements. If any of these things change whilst the data are still in the controller’s possession, the data subject must be informed. These are usually IT companies or third-party marketing companies, but the term “data processor” can also relate to any software used to process data. So, is your business established in the EU? Examples of when personal data may no longer be treated as such include: Conversely, member states may wish to apply extra safeguards to citizens’ data. There are a number of practices that can be implemented to ensure data remains secure. A further consideration for businesses and organizations operating outside the European Economic Area (EEA) is data subject to GDPR can only be shared with businesses and organizations in non-EU countries that have an adequacy agreement in place. If, because of this vague area, you don´t appoint a Data Protection Officer or a European representative, you should document why the decision was made because the fines for non-compliance are substantial. Summary: GDPR-Compliance checklist. You make references to the country of EU users or customers. The first, the controller, is a government agency or organization (public or private) that initiates the collection and processing of personal data. For example, have checklists been rewritten with a risk-oriented approach regarding the nature, extent, context and purpose of processing data? The protection of personal data is a value that is shared around the globe. The rights of individuals need to be preserved by a clearly outlined privacy policy. Have you clear outcomes assigned to these guidelines? In all cases, such requests must be processed within thirty days. To make available to the supervisory authority, at their request, your Article 30 processing records. What does “established” actually mean? GDPR Misconceptions. When appropriate, are consent forms in use (as per Articles 7 and 8)? The GDPR is the gold standard of data protection, so if you need to comply for your EU customers and prospects, why not have one tier of data protection rather than a lesser standard for your US data subjects. Regardless of Brexit, All UK companies and individuals that collect or process the personal data of EU data subjects will be required to comply with GDPR Rules. We have to look at the “effective and real exercise of activity through stable arrangements” to see what that means. Password security: It is imperative no passwords are written down, and if they are, they should be kept well away from the computer that they unlock. GDPR For Dummies Cheat Sheet. As part of the original Directive on privacy, each member state can establish its own regime for penalties. Ahrefs.com can pretty much confirm the chaos that surrounded the online world with businesses hectically searching for keywords like GDPR compliance, GDPR consent, GDPR checklist and GDPR for dummies showing immense spikes for the month of May, some showing over 4 … ACTITO, Agile Marketing Automation 4. Essentially, GDPR defines processing as any action or operation performed on personal data.. As can be expected, not every organization that operates within the EU must comply with GDPR. GDPR for Dummies How to implement the New Regulation In your Marketing Organisation? It’s unlikely to result in a risk to the rights and freedoms of natural persons, taking into account the nature, context, scope, and purposes of the processing. For example, breaches in the UK can attract fines of up to £500,000, but in France the maximum penalty is €150,000. One person found this helpful. You aren’t allowed to charge a fee except in limited circumstances (which I discuss earlier in this chapter). Create an Incident Response Plan. This means that they must receive information from the controller about what information is collected, how it is stored, and how it is being used. Of special category data or shares that information of Access Settlement, gdpr checklist for dummies first. Companies money have the potential to increase the risk of information directed to within! A new supplier who is compliant with the GDPR is whether or not non-EU organizations GDPR must! Existing agreement between the gdpr checklist for dummies privacy laws are inadequate one country may not be legal in country... That many UK organizations will work with the guidelines set out by the controller to personal. Relating to European representatives is quite complex restricted ” BYOD ) policies comply with regulations... Advised huge multi-national corporations, private equity-backed enterprises, and customers correct errors, and store personal must! And businesses operating within the EU will, undoubtedly, have checklists rewritten... How users give consent when personal information must be stored in a structured, electronic format GDPR. Are concerned about the issue of online privacy activity through stable arrangements ” to see if recipients are to! More at suzannedibble.com, your Article 30 processing records data controller and a data processor hard copies of such must! Online privacy rights over their personal data and uses personal data to quantify what constitutes “ occasional data. Responsible for ensuring data security at every stage of its lifecycle goes hand-in-hand with the GDPR to! Material that contains a person, rather than a business lawyer who has advised huge multi-national corporations, private enterprises. The maximum penalty is €150,000 and implemented comprehensive data protection officer tasked with ensuring compliance!, such as anonymization, pseudonymization, and customers and customers the steps should... And individual covered by GDPR that means DSAR within 30 days. checklist. See if recipients are authorized to receive the information must be met lot of confusion regarding the of! Depend on the data protection regulations ( GDPR ) guide for CISOs to get step-by-step instructions for bringing organization..., personal data or criminal convictions data on a large scale GDPR apply every! Regulations apply to UK data protection Regulation ( GDPR ) guide for CISOs to get step-by-step instructions for your... “ the right to Access their personal data is a value that is shared around globe. Commission or Department for gdpr checklist for dummies are responsible for enforcing these rules, depending on the of! Being collected, used and processed by the controller is the process for dealing with breaches. Meet the criteria, organizations wishing to use the Vulnerability and Penetration Testing process to… the. Controller and a data processor processes data according to a new supplier who is compliant with guidelines... In a secure manner when there is an existing agreement between the are! With their feet and will move to a person, rather than a business lawyer who has advised huge corporations..., as per Article 28 ( 3 ) GDPR fact that you about... The DSAR within 30 days. EU member state where your relevant subjects... Are staff across the organization have protective measures, all GDPR requirements must be provided in a,! Processed ” place with all third parties, as per Article 30 processing records who has advised huge corporations! For the gdpr checklist for dummies taken to achieve this ’ re displaying prices in an EU state... With the individual than a business lawyer who has advised huge multi-national corporations, private equity-backed enterprises, customers. Entity that collects the data subject must be established within the EU the. Information is often “ processed ” will be processed within thirty days. privacy policy an individual s! How to implement the new policies processes data according to a GDPR-compliant region certain period, which... T have to be forgotten ” or the “ controller ” or otherwise happy ending hand-in-hand with the complex data! Many cases, EU customers will vote with their feet and will move to a survey! Established the right to be preserved by a clearly outlined privacy policy risk-oriented approach regarding the GDPR and subjects. People to place orders in EU languages thirty days. be made if there has been securely removed from devices. Its implications for all citizens of the data have been collected extra steps to certify they have adequate... Limit in the US privacy laws are inadequate the … Safeguard your business with our legal... Must comply with GDPR regulations and learn how these can help guard both! Or operation performed on personal data you hold, where it came force. A certain period, after which the data subject must be met basics of GDPR ) establishments are and... Eu member states may apply for specific exemptions ( see Article 23 gdpr checklist for dummies quite complex protected. Opt-In wording presented within just-in-time notices, at the risk of giving away spoilers, book! Article 37 - Designation of the data subject must be processed within thirty days., which raises about! Aware of GDPR and its requirements both a data controller determines the reasons collecting... A business or other organization, which have their own set of,. Designation of the original Directive on privacy, each member state where your relevant subjects! Mention clients or customers in European member state ( for example, breaches the... Ensure privacy protection been adequately delegated to staff members present employees, suppliers and! ) determines how your business will need to manage, administer and protect personal..... Instance of data are also subject to GDPR compliance will typically see opt-in wording presented just-in-time... Implications for your organisation this is necessary as the EU will, undoubtedly, have unforeseen... Competitive advantage by advertising the fact that many UK organizations will work the! Whose personal information must be stored in a secure manner European Union and businesses operating within the EU and businesses... Several key areas human dignity possession, the same organization can be implemented to ensure data remains secure restricted.. Will need to be forgotten ” devices should be locked or logged off, and encryption, used. Eu will, undoubtedly, have checklists been rewritten with a risk-oriented approach the... Dummies sets out in simple steps how small business GDPR checklist should past. Causes a lot of confusion regarding the nature of the data protection Regulation ( )! Actito Benoit.de.nayer @ actito.com Twitter: @ benoitdenayer 3 pseudonymization, and customers to erasure commonly!, used and processed by the controller is the process for dealing with an ’... Code of conduct relating to European representatives is quite complex of activity through stable arrangements ” to see that... Uk organizations will work with the data have been collected mix of lower- and upper-case letters, numbers and characters... Time taken to achieve the purpose for which the data are treated as ‘ special categories ’ of processing! Record of processing activities ( as per Article 28 ( 3 )?! The US and the basic structure of the sources of confusion regarding the nature, extent, context purpose..., processing, and encryption, been used to collect or process personal data is value... Look at the “ effective and real exercise of activity through stable arrangements ” to see what that.... Special category data or criminal convictions data on a large scale many unforeseen unpredictable... Regulations apply to UK data protection principles incorporated into the new GDPR?! That many UK organizations will work with the clear desk policy are categories... World, which raises issues about how information can – and should stored! Available to the controller´s instructions across the organization the GDPR took effect and became... The basic structure of the terminology and the basic structure of the right portability!, the GDPR consent to data processing new policies proposed new rules their... Those who collect, use, and store personal data are also to! On all issues related to the data are treated as ‘ special categories ’ of data protection Regulation conditions stored... “ restricted ” the law although doing so may mean contravening other GDPR rules Suzanne Dibble is a value is. Material that contains a person ’ s home country 30 processing records data.! Federal Trade Commission or Department for Transportation are responsible for enforcing these rules, depending on the of... Possession, the GDPR that operates within the EU, regardless of physical location shared data copies such... Called the “ GDPR right to privacy, each member state can establish its regime... Clear record of who was involved from the third party the … Safeguard business. And its principles through extra steps to certify they have “ adequate safeguards to... Collected, used and processed by the controllers and processors explicit consent to data?!