Ensure your company is GDPR Compliant by the May 2018 Deadline.
Download GDPR Checklist
Although your organization may be based in the US, it is likely your organization will have to adhere to the GDPR (General Data Protection Regulation) compliance regulation by May 25, 2018 deadline.
This overhaul of EU data protection regulation is the most significant in recent history and impacts any organization who does business internationally. Therefore, any US-based company that target consumers in the EU, monitor EU citizens or offer goods or services in the EU (even if it is free) will have to comply.
Organizations who are non-GDPR compliant by the deadline can be fined up to 4% of annual global turnover or 20 Million Euros, per incident.
GDPR Takes Effect In:
What to know about the GDPR Regulation:
The General Data Protection Regulation (GDPR) is designed to enable individuals to better control their personal data. The GDPR’s main focus is to enable individuals with the right to control an organizations access to their personal employee data and information while also improving the way data is protected and processed.
Introduced to keep pace with the modern digital landscape, the GDPR is more extensive in scope and application than the current Data Protection Act (DPA) and requires organizations to develop clear policies and procedures to protect personal data, and adopt appropriate technical and organisational measures.
The Brexit Question:
UK organisations handling personal data will still need to comply with the GDPR, regardless of Brexit. The GDPR will come into force before the UK leaves the European Union, and the government has confirmed that the Regulation will apply, a position that has been confirmed by the Information Commissioner.
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What You Need to Do - and How MDS Can Help:
The Certified MDS Cyber Security team has wide-ranging data protection expertise to help organizations prepare for the GDPR. We offer a comprehensive suite of information, resources, and compliance solutions services.
There are 10 Key Facts Businesses need to know about the new regulation:
1. GDPR Applies to All
The GDPR applies to all companies worldwide that process personal data of European Union (EU) citizens.
This means that any company that works with information relating to EU citizens will have to comply with the requirements of the GDPR, making it the first global data protection law.
2. The GDPR widens the definition of personal data
The GDPR considers any data that can be used to identify an individual as personal data. It includes, for the first time, things such as genetic, mental, cultural, economic or social information.
Companies should take measures to reduce the amount of personally identifiable information they store, and ensure that they do not store any information for longer than necessary.
3. Tighter regulations for obtaining valid consent to use personal information
The GDPR requires all organisations collecting personal data to be able to prove clear and affirmative consent to process that data.
Once GDPR is in effect, it will be more important than ever for organisations to explain exactly what personal data they are collecting and how it will be processed and used. Without valid consent, any personal data processing activities will be shut down by the authorities
4. A designated Data Protection Officer (DPO) is required
Any business that depends on processing personal information will have to appoint a DPO, who will be an extension of the data protection authority to ensure personal data processes, activities and systems conform to the law by design. A third-party DPO, such as MDS, is permitted.
5. Privacy Impact Assessments (PIAs) are mandatory
The GDPR requires data controllers to conduct PIAs where privacy breach risks are high to minimise risks to data subjects.
Before organisations can even begin projects involving personal information, they will have to conduct a privacy risk assessment and work with the DPO to ensure they are in compliance as projects progress.
6. Data Breach Notifications are mandatory
The regulation requires organisations to notify the local data protection authority of a data breach within 72 hours of discovering it.
Organisations need to therefore ensure they have the technologies and processes in place that will enable them to detect and respond to a data breach.
7. The GDPR introduces "the right to be forgotten"
One of the new data handling principles being introduced is the “data minimization principle”, that requires organisations not to hold data for any longer than absolutely necessary, and not to change the use of the data from the purpose for which it was originally collected, while – at the same time – they must delete any data at the request of the data subject (aka: the employee).
8. Liability beyond data controllers is expanded
In the past, only data controllers were considered responsible for data processing activities, but the GDPR extends liability to all organisations that touch personal data.
Even organisations that are purely service providers that work with personal data will need to comply with rules such as data minimization
9. Privacy by design is required
The GDPR requires that privacy is included in systems and processes by design. This means that software, systems and processes must consider compliance with the principles of data protection.
Moving forward, all software will be required to be capable of completely erasing data, which will be a challenge for a lot of software engineers
10. The GDPR introduces the concept of a "one-stop shop"
With GDPR, any European data protection authority is allowed to take action against organization, regardlress of where in the world the company is based.
The benefit for business is that they will have to deal with only one supervisory authority rather than a different one for each EU state.
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