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How To Comply With The GDPR - A Compliance Checklist
There has been a lot of noise about a new law called the General Data Protection Regulation (GDPR). It comes into force on 25 May 2018. As that date gets closer, the noise is likely to get louder. Up until now, people’s reaction to all that noise has been divided. First there is the ‘doom and gloom’ camp, talking up the risks of non- compliance and the possibility of large fi nes as a result. Second, there are those in the ‘let’s wait and see’ camp, keeping their fi ngers crossed that doing nothing for the moment is a justifi able strategy. If a company complies with existing
data protection law, it will not take much extra eff ort to comply with the GDPR, but there are fi ve signifi cant changes to data protection law under the GDPR which companies should be aware of: More companies are required to
comply with the new law - the existing law applies only to companies that control the processing of personal data (Data Controllers). The GDPR extends that law to those companies that process personal data on behalf of Data Controllers (Data Processors). For example, if you buy a new washing machine and give your contact details to a shop to deliver that washing machine, only the shop would be liable for looking after your personal information under the existing law. Under the GDPR,
What Is The GDPR And How Will Things Change After 25 May 2018?
the shop and the delivery company could both be liable. There are larger fi nes for non-
compliance - whether such fi nes become a reality or not, the GDPR allows the regulator to fi ne non-compliant companies up to 4 per cent of global turnover. Companies need to be able to show
that they comply rather than just say that they comply - the regulator is emphasising the need for accountability and appropriate record keeping. There is a new requirement to notify
data breaches to the regulator - under the existing law the regulator recommends that companies notify it if they experience a data breach. Under the GDPR there is a requirement to notify under certain circumstances.
It will be much harder for marketing departments to rely on consent as the basis for processing personal data such as email addresses - for companies relying on consent as a legal basis to process personal data, opt out will no longer be an option. Consent will have to be more specifi c, and a more granular rather than broad brush approach will be required. Also, companies will have to inform individuals that they can withdraw such consent at any time.
Who To Turn To If You Need Help With Your GDPR Compliance
Remember, you can do this by yourself. The ICO, which is the regulator in the UK, has a brilliant website with lots of useful information and guidance. If you feel that you do need help, there are the following options:
• pay an external lawyer or compliance professional;
• employ an in house lawyer or compliance professional;
• outsource the compliance function to an external data protection offi cer; or
• make use of technology solutions such as those that help with data
inventory, data
classifi cation or production of privacy impact assessments.
You can mix and match these possible solutions, or use a comprehensive solution such as The Privacy Compliance Hub.
40 issue 31 spring 2018
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