GDPR Compliance Guide

General Principles

1. Lawful Basis for Processing

   • Consent: Collect clear, informed consent for marketing.

   • Contractual Necessity: Process data to fulfil orders and services.

   • Legal Obligation: Comply with laws (e.g., tax, financial regulations).

   • Legitimate Interests: Process data for business needs like marketing and fraud prevention, ensuring these don’t override individual rights.

   • Documentation: Keep records of the lawful basis for data processing and update privacy policies to inform customers.
     

2. Data Subject Rights

   • Access: Provide an easy way for individuals to see and download their data.

   • Rectification: Allow updates to incorrect or incomplete data.

   • Erasure: Offer a process to delete data upon request if conditions are met.

   • Restriction of Processing: Temporarily limit data processing if requested.

   • Data Portability: Provide data in a machine-readable format like CSV or JSON.

   • Objection: Allow opt-out from marketing and other processing activities.

   • Automated Decision Making: Inform and provide recourse against automated decisions affecting individuals.
     

3. Data Protection by Design and by Default

   • During Design:

     • Conduct Privacy Impact Assessments (PIAs).

     • Minimise data collection.

     • Anonymise or pseudonymise data.

   • Default Settings:

     • Use the highest privacy settings by default.

     • Require opt-in for data processing.

   • Ongoing Practices:

     • Regularly review data protection measures.

     • Train employees on data protection principles.
       

4. Data Security

   • Technical Measures:

     • Encrypt data.

     • Implement strict access controls.

     • Regularly update security patches.

     • Use intrusion detection systems (IDS).

   • Organisational Measures:

     • Develop comprehensive data protection policies.

     • Establish an incident response plan.

     • Conduct regular security audits.

     • Ensure third-party vendors comply with data protection requirements.

Accountability and Governance

1. Data Protection Officer (DPO)

   • Determine if a DPO is needed based on data processing activities.Requirement Assessment:

   • Appointing a DPO: Ensure the DPO has expertise in data protection laws and practices, and provide them with the necessary resources and independence.

     
     

2. Records of Processing Activities

   • Documentation: Maintain detailed records of all data processing activities.

   • Regular Updates: Periodically update records to reflect changes.

     
     

3. Data Protection Impact Assessment (DPIA)

   • High-Risk Activities: Identify activities requiring DPIAs.

   • Conducting DPIAs: Follow a structured process to assess and mitigate risks.

Breach Notification

1. Preparation and Detection

   • Incident Response Plan: Develop and maintain a plan for addressing data breaches.

   • Detection Mechanisms: Implement tools to detect breaches promptly.

     
     

2. Notification to Authorities

   • 72-Hour Notification: Notify the relevant authority within 72 hours if a breach occurs.

   • Content of Notification: Include details about the breach, its consequences, and measures taken.

     
     

3. Notification to Individuals

   • High-Risk Notification: Inform affected individuals if their rights are at high risk.

   • Content of Notification: Provide clear information about the breach and protective measures.

International Data Transfers

1. Safeguards

   • Standard Contractual Clauses (SCCs): Use SCCs for transfers to non-EU countries.

   • Binding Corporate Rules (BCRs): Implement BCRs for intra-group transfers.

   • Adequacy Decisions: Transfer data to countries with an adequacy decision from the European Commission.
     

2. Documentation and Monitoring

   • Impact Assessments: Regularly review and document international transfers.

   • Audits: Conduct periodic audits to ensure compliance.

Consent Management

1. Obtaining Consent

   • Clear Opt-In: Require a clear, affirmative action for consent.

   • Detailed Information: Provide detailed information about data processing purposes.
     

2. Managing Consent

   • Record Keeping: Maintain records of obtained consents.

   • Easy Withdrawal: Ensure individuals can easily withdraw consent.

Vendor and Partner Management

1. Data Processing Agreements

   • Contractual Clauses: Include GDPR-compliant clauses in contracts with data processors.

   • Due Diligence: Assess vendors’ compliance with GDPR before entering agreements.
     

2. Monitoring and Review

   • Regular Audits: Audit vendors and partners regularly.

   • Compliance Documentation: Maintain records of all vendor agreements and compliance checks.

Training and Awareness

1. Training Programmes

   • Regular Sessions: Conduct regular GDPR training for all employees.

   • Specialised Training: Offer specialised training for those handling sensitive data.
     

2. Awareness Campaigns

   • Ongoing Communication: Implement communication strategies to keep data protection a priority.

   • Resources and Support: Provide access to GDPR resources and support for employees.

Supervisory Authority Interaction

1. Proactive Engagement

   • Point of Contact: Designate a contact for communications with supervisory authorities.

   • Notification Procedures: Establish procedures for notifying authorities of breaches and other issues.
     

2. Response to Requests

   • Timely Cooperation: Respond promptly to requests or investigations.

   • Documentation: Maintain detailed records of interactions with authorities.