The General Data Protection Regulations (GDPR) will replace the UK’s Data Protection Act 1998 from 25th May 2018 and applies to any organisation that operates within the EU or with EU data. Failing to comply could lead to fines of up to €20m or 4% of your global annual turnover – whichever figure is larger. The government has confirmed that the UK’s decision to leave the EU will not change this.
The Information Commissioners Office (ICO) webpages about GDPR is a good place to start reading about it. There is no point in re-hashing it to even attempt to summarise what the regulations mean to you and I, so here is a link to the ICO’s overview. https://ico.org.uk/for-organisations/data-protection-reform/overview-of-the-gdpr/
If you are looking for some quick guidance about how to proceed immediately, ICO has recommended the following 12 steps to start you on your journey to GDPR compliance:
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.
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.
You should review your current privacy notices and put a plan in place for making any necessary changes in time for GDPR implementation.
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.
You should update your procedures and plan how you will handle requests within the new timescales and provide any additional information.
You should identify the lawful basis for your processing activity in the GDPR, document it and update your privacy notice to explain it.
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.
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.
You should make sure you have the right procedures in place to detect, report and investigate a personal data breach.
.. 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.
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.
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.
This checklist is from the following document where there is also further information on each step: https://ico.org.uk/media/for-organisations/documents/1624219/preparing-for-the-gdpr-12-steps.pdf
We hope this introductory article is useful.