The GDPR Compliance Requirements Checklist.
GDPR compliance is not a foreign concept. But, many organizations do not know what GDPR is, nor do they know how to comply. Compliance with the GDPR should not be regarded as just a legal obligation. Considering that 47% of users have changed providers due to data privacy concerns, it’s also a perfect growth strategy for all businesses. This article contains an overview of the GDPR and a 9-step GDPR compliance checklist. GDPR Overview As the digital era approaches its peak, the value of data has become immeasurable. Businesses of all scales and types now depend heavily on the use of data. From marketing and research intents to sizing up the competition, data has deeply ingrained itself into the global setting. As a result, data protection—from accidental loss or compromise and cyberattacks—became paramount. What Is The GDPR? The GDPR stands for General Data Protection Regulation. It’s the European Union’s effort towards personal data protection of its citizens. Enacted in 2018, it grants individuals (data subjects) control over their personal data and holds organizations accountable for data protection. GDPR compliance benefits are numerous. First, you avoid the hefty penalties imposed. Yes, there are penalties for non-compliance with the GDPR. In fact, as of 1 March 2024, a total of 2,086 fines (+510 in comparison to the GDPR Enforcement Tracker Report 2023) have been recorded. Next, it fosters brand trust and attracts more clients from the EU, which is impressive. Basic Requirements of the GDPR The GDPR requires certain actions from organisations or data handlers towards data protection. These requirements are referred to as the principles of the GDPR. alternatively called the principles of data protection, it is necessary to know these principles to achieve maximum GDPR compliance. Companies processing personal data: Must be transparent about the whole process. Must do so for legitimate and clear reasons We must not collect more data than is necessary. Relative to the purpose of data processing Must make sure collected data is accurate and correct all inaccuracies immediately. Must keep data for as long as necessary. Must protect data from unlawful access and processing. Must be able to show their compliance with the GDPR. Aside these basic principles, some other GDPR requirements exist, such as; Data subject rights, risk assessments for data protection, and consent. The GDPR principles are a large part of the GDPR compliance checklist. Who Does the GDPR Apply To? The GDPR applies to every organization that processes personal data belonging to EU citizens and residents. The organization doesn’t have to be in the EU; it can be anywhere in the world. For example, a healthcare centre in Africa is subject to the GDPR when it treats an EU citizen. The same goes for online businesses, as they can’t know for sure the location of their clients. Who Is Responsible for GDPR Compliance? For GDPR compliance, there a “data controller vs. processor” tug of war going on. While both data controllers and processors have obligations to data protection, the controller is held responsible for GDPR compliance. Comprehensive GDPR Compliance Checklist According to Cybersecurity Ventures, the global annual cost of cybercrime is predicted to reach $9.5 trillion in 2024 and $10.5 trillion by 2025. This is enough motivation for you to tighten data protection in your organization. While you might feel invisible as an SME, you aren’t off the radar. In Nigeria, for example, SMEs were majorly hit by cyberattacks in 2022. To reduce the chances of your organisation falling victim, you should consider GDPR compliance. How? Here’s a comprehensive GDPR compliance checklist to help you get started. Step 1: Know Your Data. You can’t fight what you don’t know, can you? Of course not. Likewise, data protection. As an organisation, take a step back and understand what you aim to protect. With this, you can find the best protection measures. What data are you collecting? What category does it fall under? How sensitive is it? Step 2: Practice safe data collection procedures. When it comes to GDPR compliance, the best foundation is built on data collection best practices. Per the GDPR principles, ensure you communicate the precise purpose of the data processing. Consent is another box to tick. Although you have communicated the purpose with the data subjects, sometimes data processing can only happen with their full consent. So, explain how the data will be used and stored. Obtain explicit consent (make use of forms and checkboxes, not pre-ticked) when necessary. Keep records of the consent. It’ll serve as evidence of compliance. Better still, implement a capable privacy consent management system in place. You need to know that the GDPR has its own standard for valid consent. So learn how to write a GDPR consent statement. Step 3: Facilitate data subject rights. The GDPR gives data subjects certain rights, which are: Right to be informed: this is in line with step 2 above. Ensure you communicate the data processing procedure. Right of access: be ready; at any time, data subjects can request a copy of their personal data. Also ask for information to help understand what you’re doing with their data. Right to erasure: data subjects can request that their personal data be erased. Terms and conditions apply here, though. Rectification rights: individuals have a right to have inaccurate data corrected. Right to restrict processing: under the GDPR, individuals can limit how an organization uses their data. Objection to processing: data subjects have the right, under the GDPR, to stop controllers from processing their data. Data portability: Individuals have the right to obtain the personal data they have supplied to a controller in a structured, widely used, and machine-readable format. Also, they can ask the controller to transfer this data directly to another controller. Automated decision-making rights: Individuals have the right not to be subjected to decisions that rely entirely on automated processing (including profiling) and that have legal consequences for them. This part is very important to tick “done” on the GDPR compliance checklist. Step 4: Appoint a DPO Article 37 of the General Data Protection Regulation (GDPR) mandates the appointment
GDPR Compliance for SMEs: Best Checklist For All SMEs
GDPR compliance for SMEs can be tough, but it’s essential. As an IT consultant firm, we’ve seen how hard it can be to understand and follow the rules. However, we believe that any small business can achieve GDPR compliance with the right help. GDPR compliance for SMEs is crucial to avoid fines and build customer trust. In this article, we’ll share our expertise to make GDPR compliance easier for you. We’ll provide a simple, step-by-step guide to help you master the rules and achieve compliance. What is GDPR Compliance Checklist? GDPR compliance for SMEs is a guide used to ensure that an organization meets the requirements of the General Data Protection Regulation. It outlines the tasks and procedures needed to achieve GDPR compliance. Is GDPR Compliance for SMEs Important? You might think being GDPR compliant isn’t necessary for a small business. Well, that’s not true. If you’re a small business in the EU or handle the personal data of EU citizens, then you must be GDPR compliant. As an SME, you’d need to employ a data protection officer if your main business is processing personal data. SMEs often have limited resources, which might seem like a justifiable reason for not achieving GDPR compliance. Trust us, the consequences of non-compliance can be devastating. You’ll have to pay fines of up to €20 million or 4% of global turnover. Moreover, GDPR compliance demonstrates a commitment to data protection. It helps you build trust with customers and clients and enhances your reputation. Data protection is critical to business operations, and SMEs must prioritize GDPR compliance to avoid risks. This is to ensure business continuity and drive success. How to Be GDPR Compliant: GDPR Compliance for SMEs Checklist As we’ve earlier said, as long as you store data or use it, you must be GDPR compliant. Follow the checklist below to ensure you keep to your GDPR responsibilities: 1. Conduct a Data Audit Regarding GDPR compliance for SMEs, we think the best place to start is with a data audit. Essentially, you’re just taking stock of what personal data you’re collecting, storing, and processing. It’s a straightforward process, but it’s crucial to get it right. As a business, you need to understand what data you have, why you have it, and how you’re protecting it. From there, you can start making adjustments to ensure you’re meeting GDPR compliance requirements. It’s not a complicated process, but it does require some effort upfront. 2. Employ A Data Protection Officer(If Required) If you’re a small business with less than 250 employees and you don’t process individual data. If your business isn’t focused on processing personal data, then you don’t have to hire a DPO. However, if you process individual data, then you need to hire a DPO. You can simply nominate any of your staff to be responsible for data. This means that the individual chosen will ensure that your business is GDPR compliant. They should be responsible for conducting regular data audits and also stay up-to-date on GDPR compliance requirements. This will prevent your business from getting left behind. Furthermore, by appointing someone to this role, you’re sending your customers, employees, and partners a clear message that you take data protection seriously. 3. Review Data Sharing With Third Parties When it comes to sharing data with third parties, it’s essential to be cautious. You need to make sure that any third-party vendors or partners you work with are also GDPR compliant. Don’t assume they are—verify their credentials and monitor their activities. You can also review your contracts with third parties and ensure they include data protection clauses. This will help you maintain control over your data and ensure it’s being handled correctly. Remember, you’re responsible for ensuring third parties comply with GDPR, so don’t outsource your compliance obligations. 4. Implement Data Protection Policies Clear data protection policies are essential when it comes to GDPR compliance for SMEs. The policies should outline how you collect, store, and process personal data. Also, state the procedures for data breaches and subject access requests. When creating your policy, make sure your policies are easy to understand and accessible to all employees. Review and update them regularly to reflect changes in your data processing activities. Remember to include procedures for data retention, data sharing, and data subject rights. By having strong policies in place, you’ll be able to demonstrate your commitment to GDPR compliance. 5. Ensure Data Subject Rights Your customers have rights under GDPR, and it’s your job to respect them. Make sure you’re providing easy access to data subject rights. These rights include the right to access, rectify, erase, and restrict the processing of personal data. Additionally, you have to respond to requests promptly and efficiently and don’t charge for requests unless they’re excessive. Furthermore, be clear and transparent about how you’re processing personal data and provide easy access to data subject rights. 6. Provide Regular GDPR Training for Employees Your employees are your front line in data protection, so ensure they have the knowledge and resources they need to succeed. Provide regular GDPR training sessions, and make sure they’re engaging and interactive. Don’t just focus on compliance— emphasize the importance of data protection in building customer trust. Encourage employees to ask questions and report any data protection concerns. What Are The GDPR Compliance Challenges SMEs Face? As an SME looking to be GDPR compliant, you might face unique challenges. Here are some common obstacles to watch out for: 1. Limited Resources SMEs often have limited budgets and personnel. This makes it difficult to dedicate resources to GDPR compliance. However, this doesn’t mean you can’t achieve compliance. All you need to do is prioritize your efforts, focus on high-risk areas, and seek cost-effective solutions. 2. Complexity of GDPR GDPR can seem overwhelming, especially for SMEs without dedicated compliance teams. To make things easy, you can break down the regulation into manageable tasks. You can also seek guidance from experts or online resources. 3. Employee Buy-in Getting employees on
Steps To Compliance With The Nigerian Data Protection Regulation
Through the ages, information has always been a weapon, especially in the world of business. Organisations use consumer data to understand their stance, analyse competitors, and tailor their marketing efforts. So, where does NDPR compliance come in? Without the regulation of personal data, modern society could be at risk. Consider this: how do pharmaceutical companies identify public health needs? Consumer data is key. However valuable personal information may be, for reasons it also faces risks of being misused and exposed to dangers such as unauthorised access loss and compromise, which can have serious outcomes, like fraud impersonations and targeted assaults. The Nigerian Data Protection Regulation (NDPR) was introduced in 2019 as a measure to ensure the security of information in Nigeria’s landscape; however, with the continuous advancements in technology and emerging threats, the call for more robust and extensive regulations on safeguarding personal data became increasingly apparent. A Quick Overview of the Data Protection Law in Nigeria The NDPR was introduced as Nigeria’s first data protection regulation to protect the personal data of Nigerian citizens, both at home and abroad. While effective to an extent, it faced limitations in legislative power and enforcement. In 2023, the Nigerian Data Protection Act (NDPA) made some changes by replacing the NDPR to enhance data protection practices in alignment with those in the General Data Protection Regulation (GDPR). It focuses on defining the roles and responsibilities of data controllers and processors, establishing penalties for non-compliance, and upholding the rights of data subjects within Nigeria’s jurisdiction under the oversight of the Nigerian Data Protection Bureau (NDPB), which assists organisations in navigating compliance requirements. Why is NDPR compliance Important? In mediaeval times, kingdoms had robust defence systems—moats, walls, and soldiers—to guard against intruders. Similarly, today, laws like the GDPR and NDPA are essential to safeguarding citizens’ data. But why should organisations take these steps to NDPR compliance seriously? Fines The Nigerian data protection regulations impose significant fines on organisations that default. Non-compliance can result in fines as high as 2% of an organisation’s global annual turnover or NGN 10 million, whichever is greater. Sanctions The NITDA (National Information Technology Development Agency) has the authority to revoke licenses or place bans on organisations that fail to comply with the data protection regulations. Civil Liabilities Organisations can be held accountable for damages caused to data subjects due to non-compliance. Loss of Trust Failing to comply with data protection laws can severely damage an organisation’s reputation, causing a loss of trust among clients and partners. Increase in Clientele Organisations that comply with the NDPR are publicly listed on the NDPB’s website, which signals trustworthiness and can attract more clients. Requirements for NDPR Compliance The NDPB enforces data protection and privacy standards in Nigeria. Here are some essential compliance requirements for data controllers and processors: Annual Data Protection Audits Organisations must file an annual data protection audit with the NDPB through a licensed Data Protection Compliance Organisation (DPCO). Data Protection Impact Assessments (DPIAs) Conducting DPIAs to evaluate and minimise risks to data subjects is essential. Breach Notification In the event of a data breach, organisations must notify the NDPB within 72 hours of becoming aware of the incident. 6 Steps to NDPR Compliance That You Should Know Comply with the NDPR with the following steps: Step 1. Define Your Position Decide if your company functions as a data controller or data processor according to the NDPR regulations in place. A data controller has the task of determining the methods used for gathering data and how it is handled and stored, whereas a data processor handles data on behalf of the controller. Step 2: Evaluate Your Company Once you’ve identified your role, assess your current data protection practices. Ensure that data collection and processing align with the NDPR and that data subjects understand the process and have given consent. Step 3: Address Identified Issues If gaps in data protection are discovered, work to resolve them. For instance, consider encryption technologies if storing data securely is a challenge. Step 4: Appoint a Data Protection Officer (DPO) Like the GDPR, the NDPR requires certain organisations to appoint a DPO to oversee compliance. If resources are limited, you can outsource this role to a consultancy specialising in data protection. organisations Step 5: Submit Compliance Reports Organisations processing data from over 1,000 data subjects within six months or over 2,000 in 12 months must submit an annual compliance report to the NITDA. This report should include a description of data processing activities, organisational data protection policies, and proof of NDPR compliance. Step 6: Train Your Staff An effective data protection strategy requires that all staff members are well-trained in data protection principles and NDPR compliance practices. By adhering to these guidelines for meeting NDPR requirements in Nigeria, companies can enhance data security measures, establish credibility with clients, and adhere to the country’s data protection regulations. To help with this, a licensed data protection consultancy can be hired. Conclusion Safeguarding data is important to all parties involved. Particularly, the data subjects. This birthed the NDPR, NDPA, GDPR, and other data protection laws around the world. Compliance with the NDPR is a sure way to ensure your organisation is on the right track to data protection. Follow the steps included to achieve full compliance. As straightforward as it seems, many organisations fall into the categories below: Do not know what data protection is. Know about Data protection but are non-compliant Willing to comply with data protection regulations but don’t know how Understand data protection, aware of the NDPR and like laws, but need external help. If you fall into any of the groups, JOHAN CONSULTS is the agency for you. You can visit our website to begin your data compliance journey.
GDPR Compliance: All You Need to Know To Get Started
The digital age has made the world into a village. Conducting business across borders is now possible, and data transfer is done at lightning speed. Sure, this came with its own consequences. Data is threatened now more than ever with unauthorised access, mishandling, loss, and cyberattacks. Pushing organisations to put in place data protection systems. This is where GDPR compliance steps in. We will be looking at what GDPR is, who it applies to, the principles guiding it, and how it compares to the Nigerian Data Protection Regulation. What is GDPR? GDPR stands for General Data Protection Regulation. It was established to govern the process of data protection in the European Union (EU) and European Economic Area (EEA) on May 25, 2018. It dictates how data is collected, processed, and used by organisations and individuals. The GDPR is regarded as the most comprehensive data protection regulation. Due to this, compliance is a top priority among data handlers. Who Does The GDPR Apply To? A common misconception is that GDPR holds power only in the EU. True, the GDPR protects the data of EU citizens. According to Article 3 of the GDPR, it applies to entities processing the data of EU citizens. Regardless of their geographical location. For instance, any business in Nigeria processing customers’ data has to be GDPR compliant once an EU citizen is in the mix. Basic Terminologies in The GDPR Decoding the GDPR and all it stands for can be difficult, especially to a beginner. Without understanding the terminologies used, it’ll be even more confusing. To assist, here is a breakdown of the common terminologies in the GDPR. Data Controller A data controller is an entity (organisation or individual) that collects data for its own use. This entity determines the purpose for which data is collected and how it is processed. A controller may work alone or with others to process data. Data Processor This is usually a third-party entity that processes the data provided by the controller. Although the processor has access to data, it doesn’t control the purpose. Personal Data Personal data is simply any information that can be used to identify a real person. For example, name, address, national identification number, IP address, etc. Personal data covers a broad range of data. It can be basic, like age, or extremely sensitive, e.g., a social security number. Data Subject A data subject is the person whose data is being processed. The data subjects of businesses are their clients. What Are The 7 GDPR Principles? The GDPR has seven principles guiding data controllers and processors on how to protect data. This is also called the principles of data protection, and they are listed below. Lawfulness, Fairness and transparency Data controllers must process data for lawful reasons. Such reasons must be made clear to the data subject beforehand. Purpose limitation Personal data can only be processed for the purposes clearly stated beforehand. It cannot be used for any other purpose, contradicting the initial one. Data Minimisation The personal data collected must be relevant and limited only to the stated purpose. This is to avoid causing harm to subjects. Accuracy This means that all personal data must be accurate and up-to-date. Also, inaccurate data must be corrected or destroyed immediately. Storage Limitation Personal data collected should not be stored for longer than necessary. Once the purpose of the processing is over, the data should be deleted. Integrity and Confidentiality Personal data must be processed with appropriate security against accidental loss, destruction, or damage. Accountability. This principle states that data controllers must follow the GDPR. And also be able to prove their compliance. Compliance can be proven through regular data audits, data processing records, and appointing a data protection officer. There is one more key GDPR requirement, which is: Right To Be Forgotten. Under article 17 of the UK GDPR, data subjects have a right to have their data deleted by data controllers after a period of time in the following events: When the personal data is no longer needed for the stated purposes. When the data subject revokes consent to the processing and there is no lawful reason to continue. Need to get consent? Learn how to write a GDPR consent statement. Where the owner objects to the processing and it cannot be overridden lawfully. Where data is used for direct marketing or a minor is involved. Learn about more GDPR requirements and Data Protection Impact Assessments, inclusive. What is GDPR compliance? GDPR compliance is when an organisation meets all the requirements for protecting data stated in the GDPR. GDPR compliance is required when data controllers and processors are handling data belonging to EU citizens. Why is GDPR compliance important? Compliance with GDPR is important to avoid hefty fines and penalties. Organisations that fail to meet the GDPR standards could be fined up to 4% of their annual global turnover or $20 million, whichever is higher. For non-compliant businesses, the fine is not all they have to worry about. Data loss is the greater penalty. Customer trust will be compromised, and the company’s image will be damaged. Now that you know the consequences of non-compliance, let’s look at how to be GDPR-compliant. How to Ensure GDPR Compliance To become GDPR compliant, organisations need to do the following: Understand the GDPR principles and the rights of data subjects. Document data processing activities. Ensure they have the consent of the data subject(s). A GDPR compliance checklist can help you track your progress, or better yet, seek expert advice with Johan Consults. GDPR Compliance Checklist You can use the checklist below to know how compliant your organisation is with the GDPR. Know what data you are processing and who has access to it. Have a lawful basis for processing data. Make your data processing activities transparent. Implement adequate data security measures like encryption and pseudonymization Develop a data breach management system. Assign a data protection officer for GDPR compliance. Ensure the privacy rights of data subjects by making it easy for them to: Request and get all their data. Correct or update inaccurate data Revoke their consent to data processing. Request the deletion of information. For an easier job, you should try out
