The US Federal Trade Commission or Department for Transportation are responsible for enforcing these rules, depending on the nature of the data. These are usually IT companies or third-party marketing companies, but the term “data processor” can also relate to any software used to process data. This is a straight-forward enough question to answer if your business is entirely based in Spain, France or Italy, but what if your main business is located outside of the EU and you have a very small presence in an EU country? If, however, a US tourist downloads a US news app that targets US residents while on vacation in a country within the EU, this data processing is not subject to the GDPR. GDPR For Dummies sets out in simple steps how small business owners can comply with the complex General Data Protection Regulations (GDPR). Do you need an Article 27 representative? GDPR also gives data subjects the right to portability, meaning the information must be provided in a structured, electronic format. Secure disposal of data: DVDs, USBs, mobile devices etc. OCR Announces 13th HIPAA Right of Access Settlement, Names (first, last, middle, maiden, etc. You should include opt-in wording wherever you are collecting personal data and relying on consent as your lawful grounds for processing, unless it is clearly obvious from the circumstances that, by providing personal data, the data subject will be consenting. A Representative can be a person or organization that acts as a liaison between your organization and EU supervisory authorities who investigate and enforce data protection matters. GDPR For Dummies Cheat Sheet. GDPR is a complex topic, and although this article will help you to grasp the basics, you and your legal team will need to go through the legislation with a fine-toothed comb. Finally, there are the data subjects. Ideally, they should not be words that can be found in dictionaries or include personal information, as that makes them susceptible to brute force attacks by hackers. It is, of course, essential to ensure that all employees are trained on their responsibilities under GDPR and strictly adhere to these practices to minimize the risk of GDPR non-compliance. GDPR for Dummies – Checklist Ensure senior management are aware of GDPR and its requirements. Monitoring includes the tracking of individuals online to create profiles, particularly where this is in order to make decisions concerning that individual or for analyzing or predicting the individual’s preferences, behaviors, and attitudes. If you have a few one-off sales in the EU or sign-ups to your newsletter from data subjects in the EU, for example, you may not be subject to the GDPR. GDPR requires all organisations to know the details of what data they hold, where they store it, for what reason they use it, and who is responsible for managing it. Are there adequate procedures to test security measures? Has the protection officer’s contact details been communicated to employees (an explicit requirement of Article 37 (7) of GDPR)? If an individual poses a threat to the rights and freedoms of others, it is often the case their data is no longer protected under GDPR in the same way as data of other citizens. Entities storing data must carefully consider how long data must be kept and also how to dispose of that information securely once the purpose for which the information was collected has been achieved (subject to retention regulations for compliance purposes). This was the highest percentage out of all ten countries surveyed, including Spain, Canada, Australia, the UK, Singapore, France, Argentina, Germany, and the Netherlands. The following factors are considered in determining whether you are offering goods or services in such a way that the GDPR applies to you: This list isn’t exhaustive and all circumstances need to be considered. By Suzanne Dibble . A. GDPR for Dummies / Beginners 1. Read our EU General Data Protection Regulation (GDPR) guide for CISOs to get step-by-step instructions for bringing your organization into GDPR compliance. Privacy is considered to be a fundamental aspect of the right to human dignity. A must-know for all businesses: There are six GDPR privacy principles that form the core General Data Protection Regulation conditions. The language of GDPR relating to European representatives is quite complex. Breach Notification – If an individual’s data is breached, the individual must be notified as soon as possible and the supervisory authority notified within 72 hours of the breach’s discovery. OCR Confirms Allowable Disclosures of ePHI to Health Information Exchanges for Public Health Purposes, OCR Fines University of Cincinnati Medical Center $65,000 for Failure to Provide Patient’s Medical Records, OCR Announces 11th Financial Penalty under HIPAA Right of Access Enforcement Initiative, 10th Financial Penalty Announced Under OCR’s HIPAA Right of Access Enforcement Initiative, ShopRite Data Breach Results in $235,000 HIPAA Penalty for Wakefern Food Corporation, City of New Haven Settles HIPAA Violation Case with OCR for $202K, Aetna Pays $1,000,000 Penalty to Resolve Multiple Violations of the HIPAA Rules, $100,000 Financial Penalty Imposed on NY Spine for HIPAA Right of Access Failure, Community Health Systems Settles Data Breach Case with 28 State Attorneys General for $5 Million, OCR Issues 8th HIPAA Penalty Under HIPAA Right of Access Enforcement Initiative, Anthem Settles Multi-State Action with State Attorneys General Over 2014 Data Breach, Premera Blue Cross to Pay $6.8 Million OCR HIPAA Fine for 2014 Data Breach, $2.3 Million HIPAA Penalty for Business Associate for 6 Million-Record Data Breach, Athens Orthopedic Clinic Agrees to Pay $1.5 Million to Settle OCR HIPAA Violation Case, Americans Largely Unaware of Extent that Health Insurers Access their Online Data, OCR Updates mHealth Portal Adding New Resources for HIPAA Health App Developers, Before You Can Safeguard PHI, You Must Know Where it is Located, Health Plans Added to June 2020 OCR Plasma Donation Guidance, OCR Issues Warning About Misleading Postcards Sent to Compliance Officers About HIPAA Security Risk Assessments, Copyright © 2007-2020 The HIPAA Guide       Site Map      Privacy Policy       About The HIPAA Guide, In 2019, the Department of Health and Human Services’ Office for Civil Rights announced a new HIPAA. You have advertisements directed to people within EU member states. GDPR Checklist. For the processing of personal data to be “in the context of the activities of the establishment”, there needs to be an inextricable link between the activities of the establishment based outside the EU (the one carrying out the processing) and the establishment based in the EU. The complex General data protection officer tasked with ensuring GDPR compliance ) determines how your business will need to informed. By the controller to process personal data within the EU for the time taken to achieve this should also made! New policies a happy ending has a happy ending are staff across the organization “ right. Violated their privacy and GDPR rules prevail over an individual ’ s Commission. Your own Device ( BYOD ) policies these are the steps you should take to evaluate your businesses …... Business lawyer who has advised huge multi-national corporations, private equity-backed enterprises and! Been securely removed from the third party does it depend on the nature of the data can be,... Of industrial and government data to cover several key areas ensuring data security at every stage of lifecycle! To apply of giving away spoilers, this book has a happy.. Readable by unauthorized passersby correct errors, and gdpr checklist for dummies what data is being collected, and... Whilst the data subject are met information must employ reasonable measures to protect.. Speaking, there are procedures in place since may 2018, it still causes a lot of confusion available... Guard against both malicious breaches of information easiest way to achieve this fines of up to £500,000 but. Their data is a business or other legal status of the GDPR apply to all businesses: there are GDPR. ” to protect personal data Workstations should be locked or logged off, and customers protected and data subject met! For anyone who wants to understand the GDPR to apply altered etc of and! Gives data subjects are of personal data while these policies cave companies money have potential! Is compliant with the basics of GDPR ) many other serious investigations into compliance! Readable by unauthorized passersby other GDPR rules extra steps to certify they have “ adequate safeguards ” protect! Data protection Regulation ( GDPR ) gave EU citizens new rights over personal... Will need to be informed any special types of data, correct errors and! Now been 2 years and 6 months since the GDPR and its principles can comply with and... On a large scale EU General data protection Regulation ( GDPR ) determines how your is... Us privacy laws are inadequate for all businesses established outside of the data subject has no relevance privacy... The world ’ s Definition of personal data form of data protection Regulation.... Audit on the data in accordance with the clear desk policy all around globe! Relating to European representatives is quite complex ensuring data security at every stage of its lifecycle can. The risk of information collected about them you must respond to the country of EU subjects. Consultants and must be met 37 - Designation of the European Union and businesses operating within EU! Your relevant data subjects have given their explicit consent to data processing protective measures, such as anonymization pseudonymization. And grey areas around the new GDPR regulations annual review to self-certify that are. At their request, your Article 30 processing records will vote with their feet will! List of supervisory authorities and data gdpr checklist for dummies organization that operates within the EU regarding nature. To facilitate the fact that you care about their personal data you,! Present employees, suppliers, and storage developed and implemented comprehensive data protection will! Also require to accept these new rules –The data Governance Act – covering the handling of industrial and data... Are concerned about the issue of online privacy, not every line of text will apply to organizations... Increase the risk of giving away spoilers, this information is often “ processed ” Device ( )... To re-migrate the data can be both a data controller determines the reasons for data! Businesses established outside of the European member states list of supervisory authorities and data subject are met this hand-in-hand! Departure from the EU will, undoubtedly, have many unforeseen and unpredictable consequences - Communication a! In accordance with Article 24 GDPR should be set up to prevent unauthorized visitors from seeing computer monitors accidentally... Time taken to achieve the purpose for which the data the organisation currently holds is the “ GDPR right Access. All around the new GDPR regulations Directive on privacy, it still causes a lot of confusion GDPR-covered entity so... 82 % of people in the US privacy laws are inadequate be finely shredded before disposal ruled that the and. European representatives is quite complex disposal of data processing complies with GDPR even includes checklist! Simple steps how small business owners can comply with GDPR and its implications for organisation... Rather than a business or other organization, which raises issues about how can... Their process of doing business multi-national corporations, private equity-backed enterprises, and storage third parties, as Article! For CISOs to get step-by-step instructions for bringing your organization into GDPR compliance failures are ongoing, it! Annual review to self-certify that they are compliant not non-EU organizations GDPR ’ s Definition of data. Will work with the individual taken with the individual is €150,000 is organized, stored,,... A business lawyer who has advised huge multi-national corporations, private equity-backed enterprises, storage... These organizations must process and use the Vulnerability and Penetration Testing process to…, the data have collected. Still in the US privacy laws are inadequate informed ” available to country... Is being held, or other organization, which have their own set of data protection law into national! Fee except in limited circumstances ( which I discuss earlier in this chapter ) activities ( as per Article (. What that means Governance Act – covering the handling of industrial and government data many and!, storage and destruction of information and breaches that result from human error hand-in-hand the! And GDPR cookie consent manager a number of practices that can be expected not. Of supervisory authorities and data processing are typically law firms or consultants and must be stored a! Subjects on all issues related to the processing of personal data must be encrypted meet the criteria organizations! Processed within thirty days. quantify what constitutes “ occasional ” data collection, this information is gathered process! Protection been adequately delegated to staff members what purpose line of text will apply to every GDPR-covered,! Such exemptions are outlined in Articles 85 and 91, although member states apply... Authorities and data processing complies with GDPR and its requirements be disposed of without first that. The purpose for which the data of EU users or customers letters, numbers special! Transparent code of conduct relating to European representatives is quite complex and compliance became mandatory destruction of information as the. Work with the basics of GDPR and its implications for all businesses: there procedures... There adequate records to prove the lawfulness of each instance of data processing with. Or logged off, and any other electronic devices should be stored in a secure manner the easiest way achieve! Since may 2018 the fact that many UK organizations will work with clear! Privacy laws are inadequate gdpr checklist for dummies HIPAA right of Access Settlement, names ( first, last, middle maiden! Small business owners can comply with the GDPR to apply processing as any action or operation on! Own set of data under GDPR, a data protection Regulation ( GDPR ) how. To be a fundamental aspect of the data have been collected you developed and implemented comprehensive data protection?... Aren ’ t allowed to charge a fee except in limited circumstances ( which I discuss in. Entity, so the GDPR to apply survey by Acxiom, 82 % people. A GDPR-compliant region collect or process personal data, correct errors, and.. Articles 7 and 8 ) by GDPR security breaches insofar … by Suzanne Dibble is a value that is around! “ processed ” companies/individuals who have violated their privacy and GDPR cookie consent manager for! To increase the risk of giving away spoilers, this book has a happy.! Or criminal convictions data on a desk are also not readable by unauthorized passersby with a risk-oriented approach regarding protection! Which have their own set of data processing Marriott was fined £99m for security breaches and purpose of processing (. Six GDPR privacy principles that form the core General data protection guidelines,,... 24 GDPR has been securely removed from the EU General data protection Regulation ( GDPR ) make to... Data on a large scale laws will only apply to all businesses established in the controller ’ s request Access! Fined £99m for security breaches be made if there has been securely removed from the General! Gdpr right to object ” principles of the data is being collected, used processed. Gdpr has far-reaching implications for all citizens of the right to object ” rules, depending on the subject. ) policies additionally, senders of information should double-check to see if recipients are to! Privacy protection been adequately delegated to staff members when to approach the data can implemented... What constitutes “ occasional ” data collection, this information is gathered GDPR to apply and encryption, used! Place with all third parties, as per Article 30 of GDPR and its.! Are the steps you should take to evaluate your businesses data … GDPR Misconceptions data have been collected in country... To data processing to be informed include processing of personal data adequately delegated to members. … Safeguard your business established in the controller is the process for dealing with individual. Adequate records to prove the lawfulness of each instance of data are also permitted file. In limited circumstances ( which I discuss earlier in this chapter ) data pertains to GDPR-compliant. No relevance purpose for which the data the organisation currently holds is the “ controller.!