The GDPR is the European regulation that frames the protection of personal data. It strengthens users' rights and requires organizations to manage data responsibly and transparently. A key issue for trust and compliance.
The General Data Protection Regulation (GDPR) imposes strict rules to protect the privacy of EU citizens.
Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data known as "GDPR" is a European regulation implemented on May 25, 2018.
It aims to protect the privacy and personal data of European citizens, by imposing strict obligations on companies and organizations processing such information.
The GDPR sets out precise rules concerning the processing, collection, storage or even deletion of personal data, with severe penalties for non-compliance.
Failure to comply can result in fines of up to 4% of the company's worldwide annual sales, with a minimum of €20 million. In addition, adherence to the GDPR strengthens transparency and ethics in data management.
48% of companies are still not GDPR compliant.
40%: that's the average cost of GDPR fines increased by 40% in 2023 compared to the previous year.
It is important to comply with the GDPR for the purposes of transparency and trust with various users (customers, employees, partners, etc.).
The GDPR aims to:
- Standardize data protection regulations within the European Union
- Make data controllers and processors accountable for protecting the fundamental rights and freedoms of natural persons with regard to data protection
- Highlight the rights of data subjects (instituted by the Data Protection Act and supplemented by the GDPR).
The GDPR has led to mass adoption of the principle of privacy by design
This requires companies to integrate data protection into the design of their products and services.
Here are the four actions you need to take to start and then maintain your GDPR compliance.
Complying with the GDPR is a major challenge for all organizations handling personal data. Each structure has specific needs depending on its sector, activities and internal practices. It is therefore essential to implement an adapted approach and to be supported by an expert to avoid mistakes and CNIL (Local control authority) sanctions.
For companies processing data outside the EU and EEA, additional precautions are required. The GDPR requires the use of specific legal tools to secure these transfers and guarantee a sufficient level of protection.
Call on an GDPR expert for complete compliance tailored to your business.
Use appropriate legal tools (standard contractual clauses, BCR, adequacy decisions) to legalize data transfers.
Document all data processing to ensure transparency and compliance.
Put in place clear procedures to inform and enable individuals to exercise their rights easily.
Complying with the GDPR is more than just a legal obligation; it's also a strategic lever for building trust, securing data and improving your company's performance. Respecting the rights of individuals and guaranteeing the protection of personal information enables you to differentiate yourself in the market and attract customers who are concerned about the security of their data.
Respecting the rights of individuals strengthens the relationship of trust with employees, customers and partners.
Proven GDPR compliance reassures customers and sets you apart from the competition.
Protecting your information and that of your customers reduces the risk of cyber-attacks and strengthens your credibility.
Keeping customer files up to date facilitates prospecting, improves contract management and optimizes productivity.
Everything you need to know about the GDPR
Any organization, regardless of its size, country of establishment or activity, may be affected. The GDPR applies to any organization, public or private, that processes personal data on its behalf or otherwise, provided that:
- It is established on the territory of the European Union;
- Its activity directly targets European residents. SO all public or private entities are concerned, as are VSE/SMEs, associations, etc.
You are therefore concerned by the GDPR if you manage your employees' human resources or even if you outsource this part. You're also concerned if you process personal data on behalf of another organization as part of a service or provision.
Personal data is any information relating to an identified or identifiable natural person:
- Directly: surname/first name ;
- Indirectly: a telephone number; an identifier such as a customer number, a voice.
It is possible to identify a physical person from a single piece of data, such as a social security number, or from a set of combined data, such as a man living in such and such a town, born in such and such a year, having subscribed to such and such a magazine and being active in such and such an association.
The designation is mandatory only in certain cases with regard to Article 37 of the GDPR:
- The processing is carried out by a public authority or public body Ex: local authorities, ministries
- The structure's core activities consist of processing operations requiring large-scale regular and systematic monitoring of individuals Ex: internet access providers, banks, insurance companies
- The basic activities of the organization consist of large-scale processing of special categories of data referred to in article 9 and relating to criminal convictions/offences referred to in article 10 Ex: hospitals.
ATTENTION : every organization must comply with the GDPR, regardless of whether or not DPO designation is mandatory.
The register is mandatory under Article 30 of the GDPR. The obligation to keep a register of processing concerns all organizations, both public and private and whatever their size, as soon as they process personal data.
Provisions for organizations with fewer than 250 employees:
Companies with fewer than 250 employees benefit from a derogation with regard to register keeping. They are only required to enter the following data processing operations in the register:
- Non-occasional processing operations (e.g. payroll management, customer/prospect and supplier management, etc.);
- Processing operations likely to involve a risk to the rights and freedoms of individuals (e.g. geolocation systems, video surveillance, etc.).
- Processing operations involving sensitive data (e.g. health data, offenses, etc.).
However, we advise you to document all your data processing. This will give you an overall view of the personal data you process within your organization, and enable you to identify corrective actions to be taken across the board.
The implementation of the GDPR within a company or organization requires the intervention of a person with the appropriate professional qualities and in particular, knowledge of information technologies, specialized knowledge of the law but also notably on the legislation specifically applicable to the organization and data protection practices
You have several options:
- Either hire a company-internal data protection delegate, or train an in-house person who can take on the subject once he or she has the necessary skills to do so,
- Choosing an outsourced data protection delegate with the requisite knowledge and skills who can audit, advise and help the entity implement the main principles of the GDPR within the organization. A GDPR compliance process is a major undertaking that should not be neglected, so don't hesitate to contact us for more information and expert support.
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