The issue of personal data is increasingly central for consumers and citizens. For this reason, the European Union has introduced GDPR. This regulation regulates the processing of personal data and obliges companies to comply with a set of guidelines. Therefore, acquiring a software solution to ensure compliance with a regulatory framework is a relevant and strategic decision.
What is GDPR?
GDPR (General Data Protection Regulation) is a set of rules governing the processing of personal data in the European Union.
The need for such a system arose from the concerns of users of digital technologies regarding the protection of privacy. GDPR is in a way the logical continuation of the Data Protection Act which was published in 1978 in France. GDPR thus makes it possible to harmonize the various digital regulations from the EU countries within a single European regulation.
According to the definition of the National Commission on Informatics and Liberty (NCIL), the personal data concerned by GDPR are all information relating to an identified or identifiable natural person. The latter can be identified:
- Directly (by name)
- Or indirectly (by an identifier, a telephone number, etc.)
In addition, the identification itself can be done:
- Via a single piece of data (a social security number, for example)
- Or via a cross-referencing of data (according to the NCIL example “a woman living at such and such an address, born on such and such a day, subscribing to such and such a magazine, and being active in such and such an association”)
The challenge of GDPR is therefore to ensure the protection of personal data. Thus, companies and website owners are now responsible for the processing of their customers’ data. The sharing of personal data, particularly personal data, is strictly regulated. All companies must make every effort to ensure the confidentiality of data transmitted in the context of their commercial activities, including commercial prospecting.
What steps should be taken to ensure compliance with GDPR?
It is very important for a company to comply with the rules of GDPR. Indeed, a clear violation of its obligations under this regulation can lead to financial penalties of up to 4% of annual worldwide turnover.
The NCIL is the supervisory authority for GDPR. Therefore, it is able to:
- Issue a call to order
- Enjoin companies to implement compliance actions
- Temporarily or permanently restrict a data processing operation
- Suspend a data flow
- Order to comply with requests to exercise the rights of individuals (right to objection to the collection of personal data, possibility to exercise the right of access to the data collected)
- Impose an administrative fine
To avoid this kind of misadventure, companies have every interest in complying with GDPR. To do so, they must meet the following requirements:
- General obligation of security and confidentiality (secure data, limit data processing, set a data retention period)
- Obligation to provide information on:
- The type of data collected and the purpose of the collection
- The identity of the companies processing the data
- The rights of access, rectification, query, and opposition
- Impact analysis in case of high risk for the rights and freedoms of individuals (sensitive information, profiling, data transfers outside the EU)
- Data Protection Officer (appoint a Data Protection Officer or DPO in certain cases)
As you can see, the regulatory framework is complex. In order to respect privacy, to ensure that data is kept for a reasonable period of time or to guarantee customers the possibility of objecting to data processing, the best thing to do is to hire a data processing officer.
You may also decide to acquire a set of software tools that allow you to protect the legitimate interests of consumers and the privacy of their personal data.
What tools can help small businesses meet their obligations under GDPR?
One way to ensure that you meet every legal obligation required by GDPR is to use software solutions to help you do so.
Data Legal Drive’s platform is perfect for digitizing your entire GDPR compliance. It makes it easy to manage your company’s personal data. This saves you time and ensures that you comply with the legal obligations regarding the processing of personal data. You can easily create a central register of customer data processing. Within the platform you can even train your employees on the requirements of GDPR and access the latest legal news on data processing at any time. In addition, the data is stored in France and is secured by a partner approved by the ANSSI (Agence Nationale de la Sécurité des Systèmes d’Information).
To manage your GDPR compliance serenely and efficiently, you can choose the Mission RGPD software. This platform concentrates all the tools you may need to comply with your legal obligations: RGPD audit, implementation of a step-by-step action plan, creation of a processing register, and monitoring of the data collected. Nothing is missing to guarantee long-term compliance with GDPR within your company. In case of doubt, you can even contact the legal experts at your disposal. They are experts in GDPR and will support you throughout your compliance. In addition, data storage is secure and certified by ISO 27002 and HDS standards of the AFAQ (French Association for Quality Assurance).
This tool is a complete and turnkey solution to ensure your compliance with GDPR. Thanks to this platform, you can check your compliance with the regulation, monitor your data, maintain your compliance over time, and train your employees on these essential issues via a dedicated e-learning space. To check your compliance with GDPR at any time, you can directly access a complete repository of data processing authorized by the NCIL. Finally, the data collected is hosted in Data Centers in the European Union.