The General Data Protection Regulation (GDPR), officially known as Regulation 2016/679, introduces new rules for managing personal data (PD). It replaces the 1995 directive (95/46/EC), which had become outdated due to technological advancements.

The new Regulation establishes a much stricter institutional framework for the management of PD and introduces a series of new rights for European citizens regarding their data. It aims to safeguard privacy and helps Europeans regain some control over their PD, which has largely been lost in the era of the information revolution.

The Regulation does not aim to restrict the digital economy but rather to enhance it by rebuilding trust between citizens, businesses, and public organizations that process and manage PD.

The Regulation has international implications, as it also affects organizations outside the EU, provided they process PD of European citizens, regardless of their location.

Coming into simultaneous effect across all EU countries on May 25, 2018, the Regulation presents new challenges for organizations, requiring them to align with its provisions. The EU’s emphasis on the Regulation’s implementation is evident in the penalties that the 28 Data Protection Commissioners can impose on non-compliant organizations, which can exceed €20 million.

Organizations, both public and private, must align as quickly as possible, while citizens must learn their new rights and demand them. The goal is to establish a new culture of PD protection among both organizations and citizens.

The new Regulation enhances the existing rights of European citizens (including minors) regarding transparency, data portability, accountability, accuracy, integrity, confidentiality, consent, access, data retention limitations, and data minimization.

Key Aspects of GDPR Compliance

Personal data must now:

• Be collected for specific and lawful purposes with the consent of the data owner.
• Not be further processed in a manner incompatible with the purpose for which it was collected.
• Be limited to what is necessary.
• Be accurate and updated.
• Be stored only for as long as necessary based on applicable legal requirements.
• Be processed in a way that ensures their security and protection.

Essential Actions for GDPR Compliance

To ensure adequate compliance with the Regulation, organizations must undertake the following actions:

• Provide sufficient training to all involved parties on data protection regulations.
• Identify the personal data being processed, their location, storage, and management.
• Maintain records detailing data processing activities.
• Inventory activities and establish codes of conduct.
• Assess the current state of systems, processes, and policies (Gap Analysis).
• Conduct Privacy Impact Assessments and risk evaluations.
• Develop an implementation plan for the Regulation based on assessment outcomes.
• Appoint a Data Protection Officer (DPO).
• Establish a privacy strategy with appropriate technical and organizational measures to prevent, monitor, and control breaches.
• Integrate the Regulation’s requirements into daily operations.
• Implement cross-border data processing procedures within or outside the EU.
• Maintain adequate audit trails to document consent requests and approvals.
• Evaluate privacy compliance using new technologies (e.g., Big Data, mobile applications, customer profiling).
• Implement controls to ensure secure data flows that comply with the Regulation.

Organizations must set clear policies and procedures to ensure readiness to handle and report any data breaches to the Supervisory Authority within 72 hours of becoming aware of the incident.

GDPR requirements are not static. Compliance must be a continuous effort, as organizations are dynamic, and the nature of data management and associated risks evolve over time. For ongoing and consistent compliance, the Regulation’s provisions must be incorporated into a management system within each organization, which can monitor changes over time (Audit trail) and include processes for continuous improvement. Compliance must not only be achieved at a specific point but also maintained through an infrastructure and culture of automatic renewal in response to changes.

In an ever-changing business environment, implementing the Regulation should be viewed as an opportunity rather than a burden. A proper privacy management strategy can offer a competitive advantage over competitors who do not maintain the same levels of protection and cannot build trust with their customers.

As mentioned, the Regulation does not aim to limit the digital economy but to strengthen it by safeguarding citizens’ privacy.

Powersoft’s Obligation to GDPR

We are committed to our customers’ success, including GDPR compliance.

Similar to existing privacy laws, GDPR requires collaboration between Powersoft and its customers in the use of our services. Powersoft will comply with GDPR to deliver our services to our customers. We are also dedicated to helping our customers comply with GDPR. We have thoroughly analyzed GDPR requirements and are working to improve our products, contracts, and documentation to support GDPR compliance.

Click here to contact Powersoft DPO

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