When you possess personal data or a processed data, you are responsible for its protection and outflow. As a data owner, or controller you need to have a strategy and process to deal with regulations laid down for protection of information. The data owner has to know what kind of data he has and how should it be it processed to protect against hacking or any other vulnerabilities. GDPR (General Data Protection Regulation) is a stark warning to the tracking and hacking technologies. Companies cannot simply brush off by apologising after a personal data breach. Stiff penalties have been imposed for data breaches and privacy violations. They need to be GDPR compliance to protect that data with transparency.
What is GDPR?
GDPR is a very significant and prominent data privacy regulation that aims to transform how institutions in different sectors handle personal data. GDPR permits consumers to have control over their data processing, over who collects their personal data, when it’s collected, and how it’s used.
This blog attempts to decipher the rumours swirling around the negative perceptions for GDPR and to present some essential facts about GDPR that will help you take your first steps towards refining your organization’s data security.
Eleven Interesting Facts You Should know before you Get GDPR Ready?
- GDPR Not Just An EU Mandate, It Takes Every Country Into Its Scope
GDPR is a European Union (EU) Regulation in force since May 25, 2018; but the institutions located outside of the EU also have the implications and need to be on guard to avoid violating it. Therefore, the location of a company does not exempt it from violation penalties. If an organisation has office in EU or is collecting processing or storing personal data of anyone from EU country, it should comply with the GDPR.
- GDPR Applies Covers Almost All Kinds Of Personal Data
GDPR is enigmatic and powerfully impacts all of the digital economy. Literally, every organisation slips into the scope of GDPR regulations. It includes
- Data that uniquely identifies a person e.g. name, address etc.
- Data requested by websites (IP address, cookie data, email etc.)
- Basic identity information (including name, address, email address, etc.)
- Web data such as location, IP address
- Data related to health, genetics, biometrics, race, ethnicity, political opinions, sexual orientation
- Any information that identified or identifies an individual
The definition includes “any information,” and it should be interpreted as broadly as possible.
- You Need An EU Representative To Avoid Non-Compliance
Most of the companies even outside of the EU need to appoint a representative in the EU, in case they process EU residents’ data. This applies even when they are located outside of EU. E.g. A US Company’s website, if receives visitors from the EU, the company will have to comply with GDPR. GDPR requires that, EU representative should be appointed if you process ‘Personal Data’ (as covered under GDPR).
- Hefty Penalties For Violating GDPR
GDPR non-compliance may cost you dearly! Apart from the trust and reputation that gets tarnished, the organizations may face a fine of 20 million Euros or 4% of global revenue, whichever is higher. Outside this, data subjects can also seek compensation for their damages. GDPR allows some grace period to companies to understand their responsibilities under GDPR but it necessitates organizations to show their accountability on an ongoing basis.
- Consumers Have “Opt-Out” vs “Opt-In” Options to Personal information
GDPR compliance requires organisations to adopt the principle of affirmative consent. GDPR requires businesses to obtain explicit permission from user before collecting, storing, and processing their personal data. Users have been empowered by GDPR to decide how to collect data, use their data, question on how their personal information is presented.
- GDPR Does not let You deep-fake consumers behind Legalese jargons
GDPR establishes a very high data protection bar not just for EU-based organisations but for the ones outside EU also. It has sharp teeth of consequential enforcement. Because nobody reads fine prints of data privacy policies, GDPR prohibits companies from using hard to decipher terms and conditions. Companies must clearly define their data privacy policies and explain their data processing procedures. In fact, it necessitates that the vendors and their vendors’ privacy policies to be GDPR compliant.
- Breach Notifications must be communicated within specified time to escape penalties
This is one of the most distinguished provisions of GDPR that dictates mandatory 72-hour breach reporting when a personal data breach happens. In case of threat to consumer’s data privacy rights, data processors must also notify the customers immediately.
Many companies till date do not have incident response procedures in place and more time you take to report more fines they accumulate. So, take data protection seriously and take proper security measures.
- Businesses Are Obligated To Answer Consumers’ Requests Relating To Their Personal Data
Consumers are empowered by GDPR to ask questions about their data and the companies are obligated provide an answer within a month. Consumer can even invoke their “right to be forgotten,” in which case the company must erase their data.
- Hire a Data Protection Officer to Manage GDPR Requirements
If the organization is a public authority, or if it is engaged in significant methodical monitoring of user data or it processes bulk personal information, you must hire a Data Protection Officer (DPO) as per GDPR. DPO is a contact point between organization and GDPR Authorities.
- Your Cloud-Based Storage Vendor needs to be GDPR compliant too
Using a cloud-based storage for keeping your data equally qualifies you for the data processing responsibilities under GDPR. Some companies spontaneously believe that their cloud storage providers are compliant, which may not be true always. So, always check your cloud service provider’s compliance status.
- On the Grounds of GDPR, Human Rights stand above User Experience
GDPR attempts to protect consumers’ data privacy issues first. Human rights are prioritised first before user experience. Main aim of GDPR is to protect consumer’s privacy and getting them control over their data. Although there may be challenges for the organizations for complying with the regulations, but it is just a one-time and recurring cost that benefits the company in many ways.
GDPR identifies following basic rights for users relating to their data and privacy of data:
- Right to access
- Right to be informed
- Data portability
- Right to be forgotten
- To object
- Restrict processing
- To be notified
- The right to rectification.
Wrap Up: GDPR Compliance Suggestions
Proactive privacy programs are important for digital transformations and harnessing digital ecosystem. If you want to recognize where your company stands on GDPR compliance and how you can achieve GDPR compliance, leave it on ‘Oriental Solutions’. Oriental Solutions are experienced association leaders for innovative IT Solutions that practices only high-quality customer information services using advanced internet security.
A lot remains at stake, so hire an expert and understand the legislation fairly. Contact the experts to minimize your data vulnerabilities.
