Top Four Concerns with GDPR

The General Data Protection Regulation (GDPR) protects the data of users living in EU countries. According to a survey by Statista, EU companies are generally more compliant with the GDPR than other countries. 

Any data that identifies the religion, race, or sexual orientation as well as highly sensitive information such as name, address, and IP address comes under the purview of personal data. A breach of personal data can result in severe consequences.  These include fines up to 20 million euros

To ensure their compliance, businesses must follow the GDPR directives through a GDPR checklist. They are liable to protect the rights of the owners and the privacy of users. If an organization collects data through its websites, it should do so with the user’s permission. That is why many companies provide options on their homepage to accept or decline cookies. 

Delay In Notification Of Personal Data Breach

According to Article 55 of GDPR Competence, a website or an authority is required to notify the user in case of a breach of data. The notification of the breach is sent to the GDPR supervisory authority. The notification includes information on the nature of the breach and the name and contact details of the data protection officer. 

Appointing A Data Controller

Organizations should hire representatives to correlate with the Data Protection Authority (DPA) and report any breach within 72 hours. The regulations of GDPR apply to organizations working in the EU as well as companies offering services to the citizens of the EU. All entities that have access to their client’s data must oblige to the regulations of GDPR.

User Consent

User consent refers to the permission given by a user to process their data. Most organizations require data to complete transactions and fulfill the clients’ requirements. GDPR allows organizations to collect data under the following legal basis:

  • To process data to complete the terms of a contract.
  • To meet legal obligations.
  • To collect data for official business.
  • To safeguard the life and property of a client.

Integrating GDPR Consent In User Interface

Companies need to understand that the consent given by a client must be candid. If you want to collect data on your website or send text alerts, you need to explain it in a dialogue box with a tick box underneath it. Make sure you explain all the terms and conditions of the data processing in clear and concise terms. The best way to get explicit consent is to add an “I understand and agree” statement at the end of the contract.

Submitting Data Inventory

Data inventory refers to the method of processing an individual’s data. It includes the management of personal and general information about a user’s activities such as statistics, network, and accounting data. The supervisors of an organization must have access to this data. A data inventory usually consists of:

  • Purpose of Data Processing.
  • Name and contact details of data controllers.
  • Details of the categories of personal and general data.

International Data Transfer

The data protection legislation applies to all data transferred outside of Europe through special safeguards. All EU organizations should meet the criteria for code of conduct, corporate clauses, and standard contractual clauses. According to Article 44 of GDPR, a data controller should compile the details of the data transfer from a third country to an international organization.

The rules apply for the same data transfer from an international organization to a third country. The authorities should be aware of all the details of the data processed during an international transaction otherwise it will be null and void. 

Transfer To Adequate Country

A country that provides an adequate level of protection for personal data outside the European Economic Area (EEA) is called an adequate country. The list of adequate countries includes European member states and countries included in the European Commission’s Adequacy Decisions. These countries include:

Japan, Canada, Gibraltar, Andorra, Argentina, Faroe Islands, Guernsey, Isle of Man, Israel, Jersey, New Zealand, Switzerland, Uruguay, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden.

Transfer To Inadequate Country 

If a country does not come under the Commission’s adequacy decision, the organization must take precautionary measures before initiating an international transfer. The receiving company must adhere to the Binding Corporate Rules (BCRs) and Standard Model Clauses. The organization making the transfer should ensure that all the data protection audits are completed before the transfer and fulfill the contract under the Standard Model clauses.

Conclusion

Protection of privacy is everyone’s right especially when it comes to data transfers. Each individual is entitled to safeguard their personal and general information when working with EU or international organizations. Businesses must address four main concerns with GDPR which consist of a personal data breach, user’s consent, data inventory, and international transfers.

Organizations should appoint data controllers and ask for explicit agreement when gaining access to data. They should follow the precautionary measures during international data transfers to comply with GDPR.

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