Planning For The Implementation Of The General Data Protection Regulations
The new General Data Protection Regulation (‘GDPR’) will come into effect a year from today (25.05.18), so this is an excellent time for you to consider how your organisation is going to ensure that it is compliant with GDPR.
Setting aside the legal complexities arising from Brexit, it is clear that the UK Government both wishes to and, in practice, will need to have similar rules relating to privacy and security as those contained within the GDPR. Furthermore, the proposed conclusion date for the Brexit negotiations are not due to be concluded until 2019, and the UK will continue to be subject to European law during this period.
The Information Commissioner’s Office, who are the UK’s independent body, set up to uphold information rights, provides an excellent 12 step guide about preparing for the GDPR on their website (ico.org.uk). Quoting the summary on their website, these steps are:
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.
- Individual’s 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.
- Legal basis for processing personal data
You should look at the various types of data processing you carry out, identify your legal basis for carrying it out and document it.
You should review how you are seeking, obtaining and recording consent and whether you need to make any changes.
You should start thinking now about putting systems in place to verify individuals’ ages and to gather parental or guardian consent for the 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 with the guidance the ICO has produced on Privacy Impact Assessments and work out how and when to implement them in your organisation.
- Data Protection Officers
You should designate a Data Protection Officer, if required, or someone to take responsibility for data protection compliance and assess whether this role will sit within your organisation’s structure and governance arrangements.
If your organisation operates internationally, you should determine which data protection supervisory authority you come under.
At Ordered we can assist with regulatory compliance, such as data protection. Do please get in touch if you want to discuss how we might be of assistance to you!