Data Protection Requirements

Data breaches serve as a constant reminder that consumers’ personal data is vulnerable to exposure and risks. With data breaches happening nowadays, the industry is impelled to take regulatory actions which aim to heighten the awareness regarding data privacy and data protection requirements. As a matter of fact, there has been an introduction of multiple bills in the US Congress that would protect consumers against data breach.

While the United States are still working on the specifics of its data protection regulations, the European Union has already put in place their version of data protection standards. Collectively known as the General Data Protection Regulation (GDPR), it covers the personal data of individuals in the E.U. This regulation will have a direct effect on multinational organizations doing business in and with E.U. countries.

The core goals of the GDPR are to provide protection for the personal data of EU residents and to give them control with regards to how they want their data to be used. With this regulation, all data collection and data processing need to be closely tracked.

Individuals are given the right to request copies of their data and records of how they have been used. They can also request their data to be deleted by the organizations which store or use it. As such, entities should have systems that will record data use, log processing activities, and track where the data subject is on the system to allow for simple retrieval or deletion.

In essence, GDPR expands the definition of personal data, generates new privacy compliance requirements, imposes large fines and penalties for those who violate individual’s privacy rights, and applies to organizations based outside of the European Union. As GDPR is extraterritorial, U.S.-based organizations are required to comply with it, to the extent that they handle the personal data of individuals based in E.U.

These standards increase the sensitivity of the public to data privacy and data protection. It also requires all firms look to GDPR as best practices, evaluating and revamping their data structures, security, incident response, and privacy programs.
Here are some of the data protection requirements:

1: Obtaining consent

Firstly, your terms of consent must be in plain language to make it easily understood by users. This means that you should avoid using complex terms in your conditions to avoid confusing readers. Remember that consent should be freely given and withdrawn at any time.

2: Timely breach notification

In the event of a security breach, the organization has 72 hours or 3 days to report the data breach to both your customers and the data controllers. Massive companies usually require a GDPR data controller. If your organization is unable to report breaches within this timeframe, you will have to pay fines.

3: Right to data access

In the post-GDPR era, users can request their existing data profile. As such, you must be able to deliver them a fully detailed and free electronic copy of the data you’ve collected about them. This report must also share the various ways you’re using their information.

4: Right to be forgotten

This requirement is also known as the right to data deletion. Once the original intention of the customer data has been realized, users have the right to request that you totally remove their personal data from your system.

5: Data portability

This requirement gives individuals the rights to their own data. This enables them to get their data from you and reuse that same information in different environments outside of your company.

6: Privacy by design

This requires organizations to design their systems with the proper security protocols right from the very beginning. Failure to have a designated system of data collection could lead to penalties.

7: Data protection officers

Your company may require to appoint a data protection officer (DPO). A DPO is needed depending upon the size of your company and at what level you currently process and collect data.

Swift Systems

If you want to be compliant with the latest data protection laws, such as the General Data Protection Regulation (GDPR), Swift Systems can help you. We can help you comply with data protection requirements and ensure that the appropriate processes and procedures are in place when dealing with the personal information of your customers. Contact us today to get a free quotation.

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