GDPR Compliance Checklist: 12 Critical Steps
Alexis Dessaints
The GDPR is one of the most stringent privacy and security laws globally. Since 2018, it has cemented a reputation for being one of the most meticulous regulations, with rules that address every facet of data processing. The regulation advocates for the legality, transparency, and equity of data collection and processing while guaranteeing the confidentiality of clients’ and organizations’ responsibilities in these procedures.
Any business that targets or gathers data about individuals from the EU region needs a GDPR compliance plan. This is because the GDPR empowers users by affording them more control over their personal information.
Consequences can be significant for companies that fail to comply with the GDPR. In 2021 for example, Amazon failed its GDPR audit and incurred a fine of €746 million due to the unauthorized usage of targeted advertising, conducted without obtaining consumers’ consent. However, ticking off your GDPR compliance checklist is not just about avoiding severe financial consequences, it also:
Before we dive into how to be GDPR-compliant, it’s important to understand that
The person who decides why and how personal data will be processed.
A data processor is responsible for processing personal data on behalf of a controller. A third-party entity, tasked with the processing of personal data on behalf of a designated data controller, is subject to distinct regulatory stipulations within the framework of the GDPR.
The person whose data is processed. These are your customers or site visitors.
Establish the lawful justification — consent, contract, legal obligation, or vital interests — for every instance of data collection and processing by identifying as well as documenting the legal basis for each data processing activity undertaken by your organization.
Only collect the personal data essential for your business purposes.
Ensure that your organization does not hold on to any data longer than necessary. Once the retention period ends, implement procedures for securely deleting data.
The regulation requires businesses to provide clear privacy notices explaining data collection, use, and security. Companies should also make it easy for individuals to see their data and exercise these rights:
The GDPR enforces a one-month timeframe for businesses to respond to data subject requests. If a user requests access to the data you have on them, you’ll have one month to respond with a copy of their data in a commonly used and machine-readable format. Similarly, you have one month to make corrections to any inaccurate or incomplete data if a user requests it. This timeframe extends to other rights such as erasure, restriction of processing, and data portability.
To ensure GDPR compliance, prioritize data security. Implement robust measures like encryption to scramble data for authorized access only. Restrict who can access personal data with access controls. Regularly back up your data to guarantee recovery in case of incidents. Finally, develop a comprehensive incident response plan to identify, address, and report data breaches effectively.
The GDPR promotes a proactive approach to data protection, encouraging businesses to integrate data privacy considerations from the very beginning of any project. This “Privacy by Design” principle emphasizes several strategies. First, data minimization focuses on collecting only the essential personal data truly necessary for your project's goals. Purpose limitation requires clearly defining why you collect data and ensuring it's only used for that specific purpose. Data pseudonymization, on the other hand, encourages using non-identifiable alternatives whenever possible, minimizing privacy risks. Lastly, Privacy Impact Assessments (PIA) are crucial to analyze new projects and identify any potential data privacy risks that might need to be addressed before launch.
Staff should be educated on GDPR regulations through comprehensive training. This training should cover the essentials: understanding GDPR principles, identifying personal data, following data handling procedures, and recognizing and reporting data breaches.
GDPR compliance success hinges on choosing the right provider to work with. When using third-party services that handle personal data, ensure they are GDPR compliant. Evaluate their security practices as well as data processing agreements and assess their ability to handle data subject requests.
When transferring data outside the EU, GDPR requires ensuring the receiving country offers adequate data protection. Pre-approved Standard Contractual Clauses (SCCs) offer one method, while Binding Corporate Rules (BCRs) allow multinational companies to establish internal data transfer rules.
Demonstrate your commitment to GDPR by maintaining clear records of your compliance efforts. This includes a data inventory listing all personal data you collect, a Record of Processing Activities (ROPA) detailing your data processing actions, and documented policies and procedures related to data privacy.
Leverage the expertise of a Data Protection Officer (DPO). They can guide you in implementing GDPR requirements, navigate complex data privacy issues, and ensure ongoing compliance.
By following these 12 fundamental pillars of the GDPR compliance framework, businesses demonstrate their commitment to respecting the rights of data subjects — fostering trust with customers, and mitigating the risk of costly non-compliance penalties. As the regulatory landscape continues to evolve, staying abreast of GDPR developments and proactively addressing compliance gaps is paramount. It brings companies numerous benefits; including enhanced data protection as well as improved reputation.
DPO Consulting was created by Marine Brogli, President of the Group, as a firm specializing in personal data protection. Our purpose is to assist organizations of all sizes and sectors in their GDPR compliance and actively participate in the creation of the information assets of companies by democratizing and making it easier for companies to access and manage their data.
This vision translates into a turnkey service that allows customers to have a complete knowledge of the data they process. We support all our clients in their strategic choices, both from an organizational and technical point of view, to protect the personal data they process. From consulting, to support, training, and even outsourcing the DPO role, DPO Consulting meets all your data protection needs in an adapted manner. Throughout the life cycle of your data processing, DPO Consulting’s expert team members will support you in order to make your compliance in terms of personal data protection a real competitive advantage.
GDPR and Compliance
Outsourced DPO & Representation
Training & Support
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