GDPR Compliance

The data governance opportunity from the General Data Protection Regulation and what to do about it

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The is European legislation meant to consolidate data privacy regulations across Europe. Despite being based in the EU, GDPR requirements affect companies worldwide who are doing business in the EU or monitoring the behavior of EU citizens. Companies found in non-compliance are subject to administrative fines of €20mil or 4% of worldwide revenue, whichever is greater.

In the News:

CDO Trends: GDPR Can Make Data Sharing, AI a Minefield

CMSWire: Now’s the Time for Marketers to Embrace Zero-Party Data

JD Supra: China’s GDPR is Coming: Are You Ready?

12 Key Changes to Customer Data Protection Regulations – Implications

"Personal Data” is Becoming Broader

The definition of personal data will be expanded to include genetic, economic, or social identity data.

Compliance Required for Companies Outside the EU

Any company, regardless of where it’s based, must comply with the regulation if it deals with an EU citizen’s personal data.

New Special Protections for Children’s Data

Parental consent will be required, so businesses will need to implement procedures to obtain consent.

Getting Valid Consent

Consent must be simple and clear. Silence or inactivity will not constitute consent.

Data Breach Notification Requirements

Placing a greater onus on data supply chains, all data breaches potentially harming individuals must be reported to regulators and the individual.

The Right to be Forgotten and Access Requests

Companies will have to give individuals access to data collected in a timely manner and requires that data subjects have the right to be forgotten.

Mandatory Privacy Risk Impact Assessments (PIA)

There will be conditions under which a PIA is mandatory in high-risk situations.

Privacy by Design

Privacy in a service or product must be built in from product conception and should only collect the minimum personal data possible.

Contractual Requirements

Data protection will need to be clearly documented and this could impact contract negotiations for risk and security considerations.

International Data Transfer Concerns

The regulation also applies to data processors, so there is risk in transferring data to countries outside the EU.

Data Portability

Businesses have to provide data collected to subjects electronically and in a commonly used format.

Introduction of the Data Protection Officer (DPO)

Some businesses will need to hire or appoint a DPO to oversee data security compliance.

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