On May 25th 2018, new European data laws are set to come into effect. Despite this looming deadline, only 1 in 4 businesses has started planning to ensure compliance.
The Information Commissioner’s Office has released a 12 step checklist to help businesses get ready for The General Data Protection Regulation before the changes come into action in 6 months’ time:
You should make sure that decision-makers and key people in your business are aware that the law is changing to the GDPR. They need to appreciate the impact it is likely to have.
2. Information you hold
You should document personal data that your business holds, where it came from and who you share it with. You may need to organise an information audit.
3. 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.
4. Individual 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.
5. Subject access requests
You should update your procedures and plan how you will handle requests within the new timescales and provide any additional information.
6. Lawful basis for processing personal data
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 do not meet the GDPR standard.
You should start thinking now about whether you need to put systems in place to verify an individual’s age and to obtain parental or guardian consent for any data processing activity.
9. Data Breaches
You should make sure you have the right procedures in place to detect, report and investigate a personal data breach.
10. Data Protection by Design 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.
11. Data Protection Officers
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 also consider whether you are required to designate a formal Data Protection Officer.
If your organisation operates in more than one EU member states (i.e you carry out cross-border processing), you should determine your lead data protection supervisory authority. Article 29 Working guidelines will help you do this.
It is important to remember that the GDPR is only a part of the overall data protection framework. The Government has confirmed its plans to introduce a Data Protection Bill into Parliament. This should become law in 2018 replacing the current Act.