The entire world, including Europe, is looking toward strong and unified data security. Especially regarding exporting personal data to countries not in the EU, with GDPR Compliance now an essential consideration for businesses.
The fundamental objective that drives the GDPR is to give back control to individuals as to how their personal data is managed and used. The GDPR brings consistency and conformity to previous and existing European data protection laws.
Requirements for GDPR Compliance
GDPR Compliance results in extensive consequences for organizations and businesses worldwide including countries such as the U.S where Safe Harbor is now invalidated. This means that such U.S. businesses that deal in the exportation and handling of personal data of European individuals will be compelled to comply with the GDPR or suffer the consequences.
Any breaches of data regulations or non-compliance under the GDPR will depend on their severity, but you will need to be aware of actions to remedy such breaches:
- Your establishment will be required to notify the relevant GDPR data protection authority together with the owner, individual or individuals whose data has been breached.
- Depending on the severity of the breach, there is the likelihood that your establishment may receive a GDPR fine of €20 million or 4% of turnover.
- There are some exceptions to this under the GDPR and will be based upon whether there were adequate security measures in place.
A security measure to prevent unauthorised access such as encryption that renders data unintelligible will not be required to notify data owners. The likelihood of financial penalties is lessened if you have been subject to a security breach. The GDPR only mentions encryption in passing, but the benefits of encryption with regards to GDPR compliance will be an unavoidable reality to ensure the safekeeping of data & gdpr policy template.
Basically, encryption turns data into an unintelligible version of data, which can only be decoded by decryption. The actual basis of encryption comes from cryptography same as transactions using the Blockchain model. In view of the GDPR and the question of compliance, the encryption of data whilst not mandatory is a valuable data protection method. The GDPR is not finite, as it will be further developed on past as well as future mistakes, as well as evolving alongside the design and development of new technologies, especially cloud computing.
GDPR Compliance is predicated on 7 key principles. We can break it down for you and that can improve your understanding of the subject by grasping what each of these principles entails.
These are as follows:
- Lawfulness, fairness and transparency
- This refers to the requirement of the GDPR that all collected, processed and stored data must be lawfully collected, stored, used, and processed. The data must not be used for otherwise illegal or unlawful purposes. The usage must be fair and transparent.
- Purpose limitation
- This means that the data collected by the organisation must be limited in terms of its purpose. The data will and can be only used for the purpose it was collected for. It can not be kept once the original purpose has been met. Or else, new consent must be extracted for its prolonged and repurposed use.
- Data minimisation
- This refers to the requirement that all data must be limited in terms of the amount collected. Any organisation that is collecting and processing local data must ensure that it is only collecting information that is absolutely necessary for the functioning of the project. Any data that is not really needed should not be collected or stored.
- The collected data and its processing must be accurate and not misleading in terms of the message. It should not be twisted to suit the needs of the collector.
- Storage limitation
- All data must be time-limited and erased after a period of time. This must be defined pre-hand and followed through securely.
- Integrity and confidentiality (security)
- The integrity and confidentiality of the data content and the data subject should be upheld through adequate anonymity and encryption among other things.
- This means that the data subject may be able to request the use of the data and the organisation collecting the data shall be able to arrange for the request to be met timely.
The principles can be broken down into actionable and achievable goals. Seers have developed a simple route for the GDPR compliance. The tool kit can be used to achieve a semblance of high-quality compliance with your adequate input. You can find out more right here.
However, the fact that it is not mandatory is often missed by many businesses who are being told that encryption is an obligation and are themselves being misled and finding themselves the subject of the hard sell of encryption software solutions. Despite the fact there is no strict requirement for the use of encryption data protection, using it is a good idea as the future of data protection, GDPR Compliance, and ePrivacy will evolve and be developed further on an ad hoc or case by case basis as and when breaches occur and new technologies develop.
Ergo, encryption has to be deemed an important weapon against security breaches as essential advancements in data protection grow alongside. Looking at what is actually stated (albeit on only four occasions) for GDPR Compliance about encryption, is as follows in their provisions:
“In order to maintain security and to prevent processing in infringement of this Regulation, the controller or processor should evaluate the risks inherent in the processing and implement measures to mitigate those risks, such as encryption”.