07 Jan 13 Things to do to avoid General Data Protection Regulation (GDPR) Fines
Many of the GDPR main concepts and principles are much the same as those in the current Data Protection Act (DPA), so if you are complying properly with the current law then most of your approach to compliance will remain valid under the GDPR and can be the starting point to build from. However, there are new elements and significant enhancements, so you will have to do some things for the first time and some things differently – ioc.org.uk
We have listed 12 things (recommended by the ioc), plus one suggestion by inspirational risk:
- Awareness – you should make sure that decision makers and key people in your organisation are aware that the law is changing to the GDPR. They need to appreciate the impact this is likely to have;
- 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.
- 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.
- Individuals’ rights – you should check your procedures to ensure they cover all the rights individuals have, including how you would delete personal data or provide data electronically and in a commonly used format.
- Subject access requests – you should update your procedures and plan how you will handle requests within the new timescales and provide any additional information.
- 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.
- Consent – 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.
- Children – 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 breaches – you should make sure you have the right procedures in place to detect, report and investigate a personal data breach.
- Data Protection by Design and Data Protection Impact Assessments – you should familiarise yourself now with the ICO’s code of practice on Privacy Impact Assessments as well as the latest guidance from the Article 29 Working Party, and work out how and when to implement them in your organisation
- 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.
- International If your organisation operates in more than one EU member state (ie you carry out cross-border processing) – you should determine your lead data protection supervisory authority. Article 29 Working Party guidelines will help you do this.
- GDPR Implementation Plan, Governance, Risk and Compliance Strategy – you should explore working with a risk and compliance expert to assist you ensuring quick, cost effective and on time implementation of all the requirements minimising risks of a possible fine and ioc breaches
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