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 GDPR compliance software. Here’s the Top 6
GDPR vs. NDPR
If you’re wondering how the GDPR compares to the Nigerian Data Protection Regulation (NDPR), here’s a quick comparison.
The Nigerian Data Protection Regulation (NDPR) was implemented in 2019 to protect the data of Nigerian citizens (home and abroad). Just like the GDPR, it applies to data controllers and processors handling the data of their citizens, no matter the organisation’s location. However, unlike the GDPR, the NDPR only recommends appointing Data Protection Officers (DPOs) rather than mandating it, and its penalties for non-compliance are less severe.
In summary, the NDPR is an adaptation of the GDPR.
Overall, the GDPR is a more comprehensive and detailed data protection regulation. NDPR, on the other hand, is a step by Nigeria to meet up with world data protection standards.
In Conclusion
GDPR compliance is important for any organisation handling EU citizens’ data. It shows how ready the organisation is to protect clients’ data. With it, companies can avoid the penalties that are imposed.
GDPR compliance also builds customers’ trust in the organization. As data threats have become almost unavoidable, companies can navigate data protection better with GDPR compliance.
