GDPR Consent Statement: What It Is and How to Write One
Consent is an important part of human society, particularly the modern one. Whether it’s using a friend’s property or establishing an amorous relationship, “yes” matters a lot. Let’s link this back to data protection. Since it’s implementation, the GDPR places value on consent. This blog post gives answers about consent under the GDPR, what a GDPR consent statement is, and how to write one. What is a GDPR consent statement? In cases where organisations need to obtain consent, it’s vital that the clients or persons are informed. To do that, a GDPR consent statement becomes necessary. A GDPR consent statement is a clear declaration by organisations to get consent from individuals before collecting, processing, and storing their data. This is in accordance with the General Data Processing Regulation (GDPR). What is the GDPR? On may 25, 2018, the European Union decided it was time to toughen up data protection. And so the GDPR came to be. The General Data Protection Regulation (GDPR) is the most comprehensive law for data protection in the world, with many adaptations of it. For example, the NDPA (Nigerian Data Protection Act) The goal of the law is to grant data subjects (owners of data) more control over their data and it’s processing. majorly, the GDPR focusses on personal data and sensitive data. Under the EU regulation, personal data refers to information that identifies an individual,e.g, name, age, job, etc. while sensitive data under the GDPR include vulnerable data such as bank details, National Identification Number, health status, etc. The Basic Principles of the GDPR : Who does the GDPR apply to? The GDPR applies to any organizations that When it comes to punishing the non-compliant, the General Data Protection Regulation earned it’s reputation as the strictest data protection law. For example, the Italian data protection authority, the Garante, issued its largest GDPR fine of over €79 million against ENEL Energia for telemarketing misconduct. So, you don’t want to get on the wrong side of the law. Need help with GDPR compliance? Book a free consultation with our experts at Johan Consults. Consent and the GDPR The GDPR places a lot of importance on data subject consent to data processing. Although consent is one of the lawful basis for processing data, it’s not compulsory. What does that mean? A common myth of the GDPR is that you always need consent to process data. That’s not true. In fact, you can find other reasons if consent proves hard to get. Consent is only appropriate when you are sure you can stop processing when the subject opts out. Because it would be terrible if you went ahead to process data even when the individual said now. Also, consent as a precondition of a service may not be lawful So, if you can process data legally without consent, go ahead. Otherwise, you might face harsh penalties for wrong consent practices. What is valid consent? The GDPR places utmost priority on consent and how it’s gotten. Here’s what the GDPR considers valid consent. Consent given freely; this is very important. With no form of coercion or similar acts. The individual must have genuine choice and control over their data—no hanky-panky. The consent includes the data controller’s identity, processing purpose, and the procedure for processing. Valid explicit consent must be communicated in words, and consent requests must be clear and unbundled from other information. That way, it’s easily identified. So, what’s the importance of a GDPR consent statement? The following are reasons to use a GDPR consent statement Example of a GDPR Consent Statement The example below serves as a perfect depiction of a GDPR-compliant consent statement. Let’s measure it against the key features of a consent form. “By checking this box, I consent to Techdella collecting and processing my personal data for the purpose of receiving newsletters, marketing materials, and service updates. I understand that my data may be shared with third-party partners for analytics and marketing purposes. I also acknowledge that I have the right to withdraw my consent at any time by contacting support@techdella.com, and I can request access to, modify, or delete my data. For more details, see our Privacy Policy.” The key elements of a GDPR consent statement Purpose: A clear explanation of why data is collected and how it’ll be used—’for the purpose of receiving newsletters, marketing materials, and service updates.’ Data sharing: whether data will be shared with third- parties and “may be shared with third-party partners for analytics and marketing purposes.”. User rights: The consent statement must inform individuals about their rights, such as access, rectification, and consent withdrawal. – “The right to withdraw my consent at any time by contacting support@techdella.com, and I can request access to, modify, or delete my data.” Clear action: it must have an an opt-in mechanism like a checkbox for explicit consent. – “By checking this box, I consent.” Contact details: Lastly, a valid consent statement must provide contact details for data protection. – “support@techdella.com” How To Write a GDPR Consent Statement Since you know what a consent statement should contain for valid consent, here’s a step-by-step guide to writing a compliant GDPR consent statement. State clearly the purpose for which you’re collecting data. Be very specific; is it for marketing, analytics, or whatever? Also, if there are more reasons than one, make sure to state them separately. This ensures enough clarity. Ensure users take explicit actions to give their consent. Examples: clicking a button, checking a box. Note: pre-checked boxes aren’t acceptable. Importantly, avoid implied consent, like continuing to use a website as a form of acceptance. If you’ll share the data with a third party for any reason, include who they are and what they do, together with the reason why. Additionally, if data transfers will happen, let them know where to and how the data will be protected. Your consent statement must include how long you will store data and what will be done once it’s not needed anymore. Include the following rights of individuals in it: Make sure to provide instructions on how users
Top 6 GDPR Compliance Software To Know In 2024
Top 6 GDPR Compliance Software To Know In 2024 Introduction Facts first, Data is important. Subsequently, it’s a necessary part of every organisation, large or small. In today’s world, almost every nation and industry has established regulations for data protection and security. To prevent landing on the wrong side of such laws, you need to ensure 100% compliance.In this post, you can expect a brief overview of the GDPR and top GDPR compliance software you should know. Quick recap: what’s the GDPR? The General Data Protection Regulation came into existence in 2018 and has since earned its reputation. It is by far the most respected data protection regulation in the world. As a matter of fact, it served as the template for most of the data protection laws around the world. For instance, the NDPA holds several similarities with the GDPR so much that the major difference between the two is the scope of application. The General Data Protection Regulation (GDPR) mandates organisations that fall under the following categories to have absolute compliance. operating in the EU. handling data of an EU citizen (no matter where it’s located) has a branch in the EU Does the GDPR apply to your organization? Find out at Johans Consults. The 7 GDPR principles At the core of the GDPR, there are 7 principles every company needs to follow. They are; Integrity and confidentiality You must employ every means necessary to protect data from unauthorised access, processing, damage, or accidental loss. So, you need a reliable data security system. Lawfulness, Fairness, and Transparency You cannot collect data for just any reason. So, whatever purpose you have must be lawful. Also, the data collection process must be transparent and legal. For instance, you cannot buy personal information from a third party. You need to get the data directly from the data subject itself. Also, you MUST tell the data owner the reason for the collection. Note: This reason must be stated clearly. Know how to write a GDPR consent statement. Purpose Limitation. As an organisation, you can’t just collect data for one reason and process it for several others. Once you’ve used the data for the purposes stated beforehand, you cannot make use of it. again. Although, if the need arises, you should inform the data subjects and seek their consent again. Data Minimisation This principle states that you cannot keep every single piece of information you collect. For example, when you collect data through the filling of forms, you’re mandated to keep the ones important to the cause only. The Ultimate GDPR Compliance Checklist for you Accuracy Your organisation must not store incorrect information. Every inaccuracy must be corrected with immediate effect. Accountability The GDPR holds every organisation accountable for what they do with users’ data and its safety. Also, you need to prove your compliance with the data protection regulation through proper records. Storage Limitation You can only keep data for a limited period of time. The duration depends on the type of data and its sensitivity. For example, you can store financial data for up to 6 years, but health-related data is more limited. Learn about the Top 12 GDPR Requirements. So, what is GDPR compliance software? Now that you understand the basics of the GDPR, you must know that compliance isn’t an easy task. Often times, a lot of organisations don’t even know where to begin. Neither do they know how to achieve maximum compliance. That’s where GDPR compliance software comes in. These softwares are the several tools that assist businesses towards GDPR compliance. Today, these tools come with different functionalities. Some simply record compliance activity, while the advanced others provide audits, reports on data breaches, consent management, and find weaknesses in your compliance strategy using gap analysis. To narrow down your search, we’ve compiled the top GDPR compliance software for you. Microsoft Purview Compliance Manager This is great GDPR compliance software made for Microsoft365 users. To use it, you’ll need An Office 365 E5 license. The features include; Ability to conduct several assessments Ability to identify and protect sensitive data Protects against unauthorised access Implements data minimisation and storage limitations Protects against accidental disclosure Classifies data based on the level of sensitivity Deletes data after a specified period of time Netwrix Netwrix supports organisations with GDPR compliance through its Auditor and related tools. Here are some of its remarkable features. Data Discovery and Classification: Netwrix finds, classifies, and protects sensitive personal data in accordance with the GDPR. Also, it scans on-premises and cloud-based systems to pinpoint where personal data is stored and ensures that there are controls to secure it. Security of Processing: Netwrix provides a clear picture of how data is accessed and shared. By monitoring user behaviour and detecting unauthorised access, it ensures secure personal data processing. Breach Notification: Netwrix is a GDPR compliance software with data breach alerts. The software aids in quick detection of data breaches by reporting them. Audit and Reporting: Netwrix Auditor provides detailed auditing and reporting capabilities. This includes logs of data access, data modification, and user activities, which are crucial for demonstrating accountability. Not sure if you’re compliant with the GDPR? Contact us at Johans Consults for a detailed assessment. Snow software Snow Software is a GDPR risk assessment solution available on cloud, mobile, or on-premise. Below are some of its remarkable features. GDPR Risk Assessment: Snow Software identifies applications and devices that handle personal data and notes those with weak protections, e.g., encryption or anti-virus. Continuous Monitoring and Reporting: Snow’s solution keeps constant analysis of applications that process personal data and generates reports to help mitigate risks. Internal Threat Mitigation: The software focusses on reducing internal threats, such as corrupt employee actions and unsecure applications. To do so, the software flags risky devices and users. Comprehensive Asset Management: Snow also offers broad IT asset management features like license compliance tracking and software usage meters. So, you gain control over your IT systems. In addition, Snow software comes with an automated discovery feature that lets you know which user has specific access to apps
The NDPC Fines Fidelity Bank for Data Breach
On August 21, 2024, NDPC Fines Fidelity Bank. The NDPC (Nigerian Data Protection Commission) issued a huge fine of NGN 555.8 million to Fidelity Bank Plc. Since the commission was established on the 4th of February, 2022, this is one of the few penalties imposed on any organization. The investigation into the data processing activities of the bank started with a complaint lodged with the NDPC. The complaint stated that the bank opened an account for the complainant with personal and sensitive data without express permission of the subject. According to the NDPC, “It is to be noted that the Commission’s initial decision was issued in July 2023, and a directive to pay a remedial fee was issued in December 2023, and over ten correspondents were exchanged. The Commission issued repeated warnings to no avail. The Commission gave several opportunities for full accountability for over one year, considering the need to encourage compliance as a culture. However, Fidelity Bank did not provide the requisite, satisfactory remedial plan.” The commission, NDPC, was left with no other alternative than to issue a fine. NDPC Fines Fidelity Bank For What Reasons? During the investigation, NDPC found the data processing platforms of the bank lacking. Fidelity Bank was found guilty of the following: Why Does It Matter? Personal data is a very important part of every individual and organization. Some examples are: name, credit card number, bank details, age, etc. These data are often used by hackers and cybercriminals to perpetrate crimes like identity theft, fraud, and targeted accounts. Since organizations like banks and businesses gather such information for processing, they need to devise means of data protection. To combat this, Nigeria passed the data protection bill into law as the NDPA (Nigerian Data Protection Act) on 12, 2023. This law guides all organizations towards maximum protection of Nigerian citizens’ data. Now, this law isn’t limited to institutions in Nigeria. For instance, a company in the EU is subject to the NDPA, and so far, the data of a Nigerian is involved. To break it down, these are some of the principles of data protection followed by every organization: In addition to the above, businesses or organizations are mandated to outsource data processing to compliant third-party agencies only. What Does This Mean for Nigerians? The Nigerian banking sector lost approximately NGN 273 billion in 2022 and the number has spiraled beyond that. This shows the importance of data protection and security for banks. Let’s link this back to the ‘NDPC fines Fidelity Bank’ fiasco. Based on the allegations, Nigerians who have accounts with Fidelity Bank are at higher risk of data loss to criminals. Why? The agency the bank uses to process personal data is not NDPA-compliant. In addition to external threats, the personal or sensitive data of their clients risk threats from the inside. All it takes is one corrupt official and the rest is history. Really, the list is endless. What Was The Bank’s Response to The Trending “NDPC Fines Fidelity Bank”? The bank has denied all allegations of data violations by the NDPC. In a statement released on Thursday and signed by Dr. Meksley Nwagboh, Divisional Head, Brand & Communications, Fidelity Bank Plc. said, “Our attention has been drawn to a news story titled, ‘NDPC Fines Fidelity Bank for Data Breach.’ “While the matter is the subject of an ongoing engagement with the regulator, we wish to assure the public that we have conducted ourselves to the highest ethical standards by ensuring full compliance with existing laws on data protection. “Below is a breakdown of our dealings with the NDPC since we received their letter informing us about an alleged data breach: “On April 30th, 2023, we received a notice of investigation from the Nigerian Data Protection Agency (NDPA), now the Nigerian Data Protection Commission (NDPC). “The investigation was in respect of a complaint from [name has been withheld to protect the identity of the complainant], who claimed that [name withheld] details were used to open an account in the bank without [name withheld] consent. “Based on this notice, we conducted an internal investigation into the circumstances surrounding the claim and discovered as follows: It continued; “On May 2, 2023, we responded to the NDPC that the bank did not violate any law because there was no data breach and that the account opening process was not completed. “On our part, we carried out due diligence by immediately blocking the account and subsequently closing the account when we did not receive the outstanding documents. “At no point in the process was the account ever operational. “On July 7th, 2023, we were invited for a pre-action meeting with NDPC. During the meeting, we restated our position as earlier communicated to them in our letter dated May 2nd. “However, despite our explanation and evidence provided to support our claim, the agency informed us that they had reached a conclusion to impose a penalty on the bank. “On December 5, 2023, we got a letter from NDPC demanding we pay a’remedial fee’ of N250 million within 21 days. “We immediately commenced another round of engagements with the Commission as we were convinced we had not breached any existing law or regulation. “While discussions were still ongoing with the NDPC, we received another letter on the 20th of August demanding that we now pay N555.8 million naira. What’s Next After NDPC Fines Fidelity Bank As we anticipate further news on the situation, we hope Fidelity Bank proves its innocence. Otherwise, it might not survive the reputational and financial consequences. The data breach at Fidelity Bank serves as a stark reminder of the risks associated with digital information. The fine imposed by the NDPC can’t even be compared to the threat it poses to individuals. Financial institutions need to prioritize data security and invest in robust protection measures. You can trust us at Johan Consults. If you are a business owner and you are struggling with NDPR and GDPR compliance, you can contact us for a consultation.
The Importance of Data Security in 2024
Introduction An organization comprises several sectors or departments. And the synchronization of all their activities makes the organization functional. How does the importance of data security come into play?. Data is an important part of every business and organization. It‘s use is versatile and broad. Organizations make use of data to know the pain points of their target audience, scope out the competition and do marketing. This article reveals the basics of data security and highlights its importance. Read on. What is Data Security? Data security is the process an organization takes to keep data safe from compromise, cyber attacks, mishandling, and other woes. All businesses, whether large, medium, or small, are at constant risk of data breaches—emphasis on ‘constant’. While SMEs think they aren’t on the target list, that couldn’t be more false. Small and medium businesses have proven to be easier targets of cyberattacks because they don’t have a comprehensive data security system. As a matter of fact, statistics show that SMEs will make up a large percentage of the total victims of attacks in 2024. Large corporations are not left out either, but they usually have better ways of securing data. Regardless, the financial implications of a successful data breach frustrate the big guns. The importance of data security goes beyond the one stated above. It is a legal requirement under several data protection laws, like the GDPR, NDPR, and the Data Protection Act of 2023. These laws mandate organizations to secure the personal data of employees and clients against unauthorized access, loss, and compromise. Failure to comply with the data security requirements of these laws incurs severe penalties. Differences Between Data Security and Cyber Security While the application of these terms overlaps, they cannot always mean the same thing. Data security is simply concerned with safeguarding data; on the other hand, cyber security protects the entire digital assets and computer system of an organization. For better comprehension, cybersecurity is the fence protecting the building (digital assets and computer systems) and data security is the door protecting a room (databases) in the building. Types of Data Security There are several ways you can safeguard data as an organization. You can use any combination of these methods you find suitable for your business. Below are some of the most common types of data security. Data encryption Data encryption is the logical scrambling of a dataset to prevent unauthorized parties from understanding it. This is perfect because hackers and other vile people cannot read it without a decryption key. Data erasure Data erasure is exactly as the name implies. After processing data for the intended use(s), you’ll need to get rid of them in accordance with the GDPR and NDPA. This method gets the job done without leaving a trace. Data backup Data backup involves storing another copy of the information on a secure external database. Do not mix it up with data storage. When you lose the original copy, you can easily retrieve the secondary copy as a replacement. This ensures data resiliency (continuity of data after loss or compromise). Data masking Although similar to data encryption, this method is a bit different. Rather than scrambling the data, some characters in the data are replaced with entirely different characters. This makes the information unreadable without the password. Authentication This is probably the most important type of data security. Here’s how it works. To access a particular data or database, authorized users must prove that their identity is accurate. This can be done with a login and password system. Biometrics like fingerprints and rectinal scans are further steps to authentication—two-factor authentication. Firewalls A firewall secures data by blocking access from certain IP addresses. importance of Data Security The importance of data security cannot be overemphasized. These are some reasons why you should take data security seriously in your organization. Unnecessary expenditure Businesses are always on the receiving ends of data insecurity. The reason why is that corporations have to spend significant amounts of money to reverse the damages inflicted during data loss, compromise, and theft. Aside from that, the owners of compromised data can seek to file lawsuits against the institution careless enough to lose data. Such actions take a toll on the company’s pocket. Automated attacks The importance of data security shows itself here. Hackers found an easier way to attack in the form of BOT attacks. It’s an automated system with which they can consistently raid your database without breaking a sweat. To combat this, all businesses need to update their data security systems. Reputational damage Absolutely no one would trust a brand known to always lose their data. Most data held by organizations is very personal and sensitive. Examples are names, bank details, health status, social media passwords, etc. The illegal release of such data is dangerous to its owners, as impersonations, targeted attacks, and online scams will be issued against them. Therefore, organizations need to secure data to protect brand image. Data integrity The integrity of data relies on its reliability and accuracy. This means that for data to maintain its integrity, it must be void of compromises or variations as much as possible. You can maintain data integrity through the centralization of data storage and putting it on various servers. This ensures that uncompromised data is available at all times. GDPR Compliance The General Data Protection Regulation is the law that guides organizations towards data protection in the EU. Although an EU law, the GDPR is regarded as the most comprehensive data protection regulation in the world. organizations In compliance with the GDPR, businesses and organizations have to implement foolproof data security systems. Why? The law penalizes defaulting entities with fines, sanctions, and even outright bans. Conclusion In 2024, data security will be a must for all organizations—small, medium, and large. With it, you can prevent financial loss and reputational damage in addition to complying with legal regulations like GDPR. endeavor to mount more data security methods in your organization; you’ll be better for it. Want more info on
Data Protection Bill: Know It Guidelines, Objectives and Penalties
In recent times, Nigerian businesses have been fighting a battle against data threats of all kinds. And the odds are not in their favor. In 2021, 71% of Nigerian firms were hit by ransomware. Small and medium businesses have it even worse. Phishing attacks on SMEs grew by 87% in 2022 , compared to 37% in 2021. These attacks had terrible consequences. Scams, impersonations, and loss of privacy became the norm. All these discouraged foreign organizations from investing seriously in the country. The Director of Research and Development, Mr. John Dumesi, said, “Part of the findings and key threat trends we discovered are that data protection policies, enforcement, and disclosure practices are grossly lagging; there is a surge in corporate phishing attacks.” It was obvious that Nigeria needed a strong data protection policy. In 2023, a data protection bill was passed by the Nigerian government and in this article, you’ll learn what the Data Protection Bill means for Nigerians. The Objectives of Data Protection Bill 2023 The data protection bill for 2023 came on the heels of the NDPR (Nigerian Data Protection Regulation). Eventually, the NDPR was replaced by NDPA (Nigerian Data Protection Act), due to insufficient policies and weak enforcement. The primary objective of the data protection bill is to protect the fundamental rights and freedoms of data subjects by regulating the processing of personal data. The following objectives are as stated in the document: – “Protecting data subjects’ rights as well as providing means of recourse and remedies in the event of breaches; ensuring that data controllers and data processors fulfill their obligations to data subjects” – “Promoting data processing practices that safeguard the security of personal data and the privacy of data subjects; ensuring that personal data is processed in a fair, lawful, and accountable manner.” – “Strengthen the legal foundations of the national digital economy and guarantee the participation of Nigeria in the regional and global economies through the beneficial, trusted use of personal data.” – And finally , “Establishing an impartial, independent, and effective regulatory commission to superintend over data protection and privacy issues and supervise data controllers and data processors.” Major Highlights of the Data Protection Bill Establishment of the Nigerian Data Protection Commission (NDPC) A law is only as effective as its enforcement. This statement is a known fact all over the world. As a matter of fact, lack of proper enforcement led to the NDPR cancellation. The Data Protection Bill made the necessary provisions for its own enforcement. According to Section 7 of the bill, the NDPC is to: 1. Promote awareness of risks to personal data and data protection measures. Including the rights and obligations granted under the Act. 2. Ensure the use of technological and organizational data protection measures. 3. Foster the development of personal data protection technologies in accordance with recognized international good practices and applicable international law. 4. Promote awareness of data controllers and processors’ obligations under the Act. Data Processing Guidelines The guidelines are very straightforward. Data controllers and processors are not allowed to process sensitive personal data themselves or by a third party unless: – The processing is necessary for exercising or performing the rights or obligations of the data controller or the data subject to underemployment, social security laws, or any other similar laws. – The data subject has given and not revoked consent to the processing for the specific purpose or purposes for which it will be processed. – It is necessary to protect the vital interests of the data subject or of another individual where the data subject is physically or legally incapable of giving consent. In the situations above, the Data Protection Bill has the following principles: 1. Data can only be processed for lawful purposes, which must be stated clearly beforehand. 2. The data subject must have consent before to the use of his or her data. Data subjects also have the right to withhold or withdraw consent at any point. 3. The data collected must not be used for any other purpose other than the stated one. 4. For no reason should personal data be stored beyond the necessary timeframe. Also, data subjects can request deletion or destruction of their data by data controllers. 5. All data must be accurate, with inaccuracies corrected immediately. 6. Lastly, the integrity of personal data must be kept with the utmost priority. The NDPC is responsible for enforcing compliance with the rules. Child Consent The data protection bill also caters to the data of all Nigerian children. According to the Bill, a child is an individual under the age of 18. Section 33 of the bill states that “The data controller must obtain the child’s parent or legal guardian before processing personal data.” It also emphasizes the use of government-approved identification documents to prove the child’s age and consent. Although, this does not apply when: 1. Processing is necessary to protect the interests of the child, 2. The processing is for medical or social care purposes by a professional or similar service provider with a duty of confidentiality. Data Protection Impact Assessment Section 28(1) requires data controllers to conduct a DPIA on every project likely to cause high-risk to the rights of data subjects. This is to identify and reduce the risks to data. In the event of identified high risk, controllers are mandated to consult the NDPB. Data Breach Management Data breaches, as a constant threat, have gained the attention of the Nigerian government. So, the bill laid out a proper guide for Its management. The Data Protection Bill mandates data controllers and data processors to keep a record of all personal data breaches. In addition, data controllers are to report every data breach that occurs to the NDPC within 72 hours. However, this timeframe can be extended due to the legal needs of law enforcement. Data Protection Officer and Compliance Services Section 33 of the bill mandates data controllers and processors of “major importance” to have a data protection officer well-versed in the data protection laws and practices.
What to Know About Data Protection and Data Protection Principles
Understand data protection and its importance, know the best practices and regulations including top trends in the world of data protection
