The General Data Protection Regulation (GDPR) has significantly impacted data protection practices since its implementation. This article aims to demystify GDPR compliance by offering clear, actionable, and strategic actions for organizations to implement.
Choose Your Lead Supervisory Authority Wisely
As a first step of your privacy strategy, you may assess what data protection authority is best suitable for your activity in the EU. You will be subject to the data protection authority of the country in which you intend to settle. This “lead supervisory authority” shall be your sole interlocutor within the EU. Make sure to assess the friendliness of each intended authority prior to creating your legal entity. This strategic decision can significantly influence your compliance journey and risk management from the outset.
Strengthen Data Partnerships with DPAs
When engaging with clients or suppliers, you must negotiate a data processing agreement to define each party’s obligations regarding data handling. While addressing the specific requirements for controllers and processors, it’s crucial to cap your liability and negotiate audit terms that are favorable to your operations. A well-crafted agreement not only ensures compliance but also streamlines your data processing activities.
Embrace a Risk-Based Approach to Compliance
The accountability principle requires you to implement and document all compliance-related technical and organizational measures on a risk-based approach. To do so, you must be able to assess how your data processing might impact individuals’ rights and freedoms. This approach not only facilitates compliance but also demonstrates your commitment to data protection, enhancing trust with clients and stakeholders.
Conduct Privacy Impact Assessments Proactively
For high-risk processing activities, conducting a Privacy Impact Assessment (PIA) is required. This will be the case if you are profiling your clients or processing large amounts of sensitive information. Even when not mandatory, performing a concise PIA can be a powerful tool to communicate your privacy commitment to clients. It showcases your proactive approach to identifying and mitigating privacy risks, further building trust in your data handling practices.
Champion Transparency and Data Subject Rights
Establishing robust processes to ensure transparency and uphold data subject rights is critical under the GDPR. This includes providing comprehensive information about data processing and facilitating the exercise of individual rights. Innovate in your communication methods and respond promptly to requests. This approach not only ensures compliance but also strengthens your brand reputation and customer relationships.
Appoint an EU Representative if Outside the EU
For companies not established in the EU, designating a representative within the EU is required by the GDPR. This representative serves as the go-to person for supervisory authorities and data subjects on GDPR-related matters. Beyond compliance, your EU representative can act as a strategic liaison, advocating for your interests and enhancing your public relations in EU markets.
Conclusion
By implementing these strategic actions, organizations can navigate GDPR compliance more effectively, turning regulatory requirements into opportunities for building trust and enhancing their market position. Remember, GDPR compliance is an ongoing process that requires continuous attention and adaptation to evolving data protection landscapes.
