Why is RGPD compliance crucial?
Visit General Data Protection Regulation (GDPR) is European legislation designed to strengthen the protection of personal data individuals. In force since May 2018, the GDPR sets strict standards for the collection, processing and storage of data. personal dataand imposes severe penalties for non-compliance. The Compliance with GDPR is therefore not only a legal obligation, but also an ethical and commercial imperative for any company that processes personal data.
Compliance: definition
What is RGPD compliance?
The Compliance with GDPR is a fundamental requirement for all companies in the European Union. This regulation, adopted in 2016, strictly regulates the processing of personal data within the European Union, with important legal implications.
Definition of Personal Data
According to the CNILa personal data is any information relating to an identified or identifiable natural person. This definition covers a wide range of information, from names to telephone numbers, which can be used to identify a person directly or indirectly.
Obligation and liability
Any use of personal data is a data processingand must therefore comply with the provisions of the RGPD. Companies must ensure that their policies scrupulously comply with these provisions, on pain of legal sanctions.
RGPD in Practice
In France, the RGPD directives are incorporated into the Loi Informatique et Libertés, which has been in force since May 25, 2018. This legislation aims to protect the rights and freedoms of individuals by regulating the collection, processing and storage of data personal data.
With My Data Solution, explore the ins and outs of RGPD compliance. We put our expertise at your disposal to help you understand and meet the requirements of this essential data protection legislation personal data.
What are the main principles of the GDPR?
The main principles of the RGPD, which any company or organization processing personal data must comply with, are as follows:
- Legality, Loyalty and TransparencyPersonal data must be processed lawfully, fairly and transparently in relation to the data subject.
- Purpose limitationPersonal data must only be collected for specific, explicit and legitimate purposes, and must not be further processed in a way incompatible with these purposes.
- Data MinimizationPersonal data collected must be adequate, relevant and limited to what is necessary for the purposes for which it is processed.
- Data accuracyPersonal data must be accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that data which is inaccurate, having regard to the purposes for which it is processed, is erased or rectified without delay.
- Conservation limitationPersonal data must only be kept for as long as is necessary for the purposes for which it is to be processed.
- Integrity and confidentialityPersonal data must be processed in such a way as to guarantee their security, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures.
- Accountability and Transparency: The controller is responsible for compliance with the principles set out in the RGPD and must be able to demonstrate this compliance.
What are the general requirements for compliance?
Visit general obligations of RGPD compliance include:
1 Appointment of a Data Protection Officer (DPO) Organizations must appoint a DPO if their main activity involves regular and systematic large-scale monitoring of individuals, or if they process special categories of data on a large scale.
Example: A technology company that regularly handles sensitive data such as health information or biometric data appoints a DPO to oversee data protection practices.
2. Keeping a Register of Processing Activities Companies must document their personal data processing activities, including the purposes of the processing, the categories of data concerned, the recipients of the data, and the security measures in place.
Example: An e-commerce company keeps detailed records of all personal data collected, including information on customer purchases, delivery addresses and payment preferences.
3. Data Breach Notification In the event of a personal data breach likely to pose a risk to the rights and freedoms of data subjects, companies must notify the competent supervisory authority within 72 hours of becoming aware of the breach.
Example: An online platform discovers a security breach resulting in unauthorized access to user information. It immediately notifies the relevant supervisory authority, and also informs the users concerned of the breach and the measures taken to remedy the situation.
4. Data Protection Impact Assessment (PIA) Where processing is likely to present a high risk to the rights and freedoms of data subjects, companies must carry out a PIA to assess the risks and the measures to mitigate them.
Example: Before launching a new human resources management system collecting sensitive data such as employees' medical histories, a company carries out a PIA to identify potential privacy risks and put in place appropriate security measures.
5. Principle of Responsibility : Organizations must be able to demonstrate compliance with the RGPD by implementing appropriate policies, procedures and technical and organizational measures.
Example: A digital marketing organization documents its privacy policies, consent management procedures and data security measures in an internal compliance manual, which it regularly updates to reflect changes in regulations or business practices.
These general obligations are the fundamental pillars of RGPD compliance, ensuring that personal data is adequately protected and that individuals' rights are respected.
What is the RGPD compliance process?
Initial assessment :
- Identify all personal data collected and processed by the organizationincluding their source, purpose and retention period.
- Mapping data flows across the organization to understand how data flows and is used.
- Evaluate policies and procedures organization's current data protection policies, including the security measures in place.
Risk analysis :
- Identifying risks potential for the rights and freedoms of data subjects associated with the processing of personal data.
- Assess the impact and probability of these risks to determine their criticality.
- Prioritize risks according to of their criticality to guide compliance efforts.
Drawing up an action plan :
- Define clear objectives based on the results of the risk assessment and analysis.
- Identify specific measures to be implemented to remedy identified shortcomings and reduce risks.
- Set a realistic timetable for implementing measures, taking into account available resources and operational constraints.
Measure implementation :
- Implement the measures defined in the action planby involving the entire organization.
- Ensuring communication and staff awareness of new data protection policies and procedures.
- Integrating technological solutions to strengthen data security and facilitate compliance.
Monitoring and Review :
- Set up monitoring mechanisms to regularly assess the effectiveness of the measures implemented and monitor any safety incidents.
- Conduct periodic audits to check compliance with RGPD requirements and identify areas requiring improvement.
- Review and update policies and procedures in line with changes in regulations or organizational practices, ensuring ongoing compliance with the RGPD.
Good to know one certificate of compliance may be provided by CNIL at the request of an organization. This certificate is issued after a check carried out by the CNIL on RGPD compliance .
