On 25th May 2018 the EU’s General Data Protection Legislation (GDPR) will come into effect. Are you ready?
The legislation is quite detailed but we at S4B have prepared a simple guide for you to ensure that you are aware of and are addressing the issues.
Myths and Facts
- It applies to all businesses of all sizes and types.
- Having good data security is not good enough.
- Serious offences will lead to substantial fines of up to 20m Euros or 4% of turnover.
- Lesser offences will lead to fines of up to 10m Euros or 2% of turnover.
- Brexit does not affect GDPR.
- 48% of UK citizens are planning to use their GDPR rights, 15% in the first month.
- 50% of businesses are not ready for GDPR.
- GDPR only applies to personal rather than corporate information.
- Any breaches must be reported within 72 hours.
- Laptops should be encrypted so that data cannot be accessed if they are lost .
- There are different requirements for data controllers and data processors.
Rights of Individuals
GDPR gives individuals new rights to:
- Be Informed
Individuals need to be informed when you collect or process their data.
Individuals can now ask for access to their data and why you are processing it.
Data that is inaccurate or incomplete must be corrected on request.
Individuals can ask to have all their data deleted from your records.
- Restrict Processing
Individuals can block any further processing of their data.
- Data Portability
Individuals can obtain and re-use their data on different services if they choose.
Individuals can object to data being processed in marketing, research etc.
- Safeguarding Against Automation and Profiling
Individuals have rights related to automated decision making, including profiling.
12 Steps to take now
There are twelve steps that you should take now to prepare for GDPR:
- Raise Awareness
You should make sure that decision makers and key people in your organisation are aware that the law is changing. They need to appreciate the impact this is likely to have. Staff will need to be trained in the key elements of GDPR, especially those dealing with marketing and HR.
- Information You Hold
You should document what personal data you hold, where it came from and who you share it with. You may need to organise an information audit – which personal data do you hold and process, why do you process it and where is it? You should also have contracts with processors, controllers and cloud storage providers to ensure that they are GDPR compliant.
It is illegal to send your data outside the EU unless that country provides an adequate level of protection for the rights of the individual.
If information is incorrect and you have already passed it onto another organisation, then you need to inform them so that they can correct their incorrect information.
You should document the information you hold and process as you need to comply with the GDPR accountability principle of having effective policies and procedures in place.
- Individuals’ Rights (see above)
You should check your procedures to ensure that they cover all the rights that individuals have, including how you would delete personal data or provide data electronically and in a commonly used format.
- Communicating Privacy Information
You should review your current privacy notices and put a plan in place for making any necessary
changes in time for GDPR implementation.
If collecting personal data, you need to give people certain information, such as your identity and how you intend to use their information. This is usually done through a privacy notice.
- Lawful Basis for Processing Personal Data
You should identify the lawful basis for your processing activity in the GDPR, document it and
update your privacy notice to explain it.
- Subject Access Requests
You should update your procedures and plan how you will handle requests within the new timescales and provide any additional information. You cannot refuse or charge for this service, unless it is manifestly unfounded or excessive, in which case you must tell the individual why. You must comply with any requests within a month.
You should review how you seek, record and manage consent and whether you need to make any changes. Refresh existing consents now if they don’t meet the GDPR standard.
Consent must be freely given, specific, informed and unambiguous. There must be a positive opt in- consent cannot be inferred from silence, pre-ticked boxes or inactivity. It must be separate from other terms and conditions. You will also need to have a simple way for people to withdraw consent.
- Data Breaches
You should make sure you have the right procedures in place to detect, report and investigate a personal data breach.
You should start thinking now about whether you need to put systems in place to verify individuals’
ages and to obtain parental or guardian consent for any data processing activity.
- Data Protection by Design and Data Protection Impact Assessments
It has always been good practice to adopt a privacy by design approach and to carry out a Privacy Impact Assessment (PIA) as part of this. However, the GDPR makes privacy by design an express legal requirement. It also makes PIAs (referred to as ‘Data Protection Impact Assessments’ or DPIAs) mandatory in certain circumstances.
A DPIA is required in situations where data processing is likely to result in high risk to individuals, for example:
- where new technology is being employed
- where a profiling operation is likely to significantly affect individuals; or
- where there is processing on a large scale of the special categories of data
If the DPIA indicates that the data processing is high risk and you cannot sufficiently address those risks, you will be required to consult the ICO to seek its opinion as to whether the processing operation complies with the GDPR.
- Data Protection Officers
You should designate someone to take responsibility for data protection compliance and assess where this role will sit within your organisation’s structure and governance arrangements. You should consider whether you are required to formally designate a Data Protection Officer (DPO).
You must designate a DPO if you are:
- a public Authority
- an organisation that carries out the regular and systematic monitoring of individuals on a large scale; or
- an organisation that carries out the large-scale processing of special categories of data such as health records or information about criminal convictions.
If your organisation operates in more than one EU member state (i.e. you carry out cross-border
processing), you should determine your lead data protection supervisory authority and document this.
We are a firm of Chartered Accountants in Maidenhead who pride ourselves on keeping our clients up to date and fully compliant. Contact us at info@ s4b.uk.com or alternatively call us on 01628 623444 to see how we can help you.