Intelligent Tech Channels Issue 08 | Page 53

EXPERT SPEA T he General Data Protection Regulation (GDPR) is a new law designed to unify and normalise the data protection framework within the European Union (EU). It comes into effect on 25 May 2018 and replaces the current data protection directive (Directive 95/46/EC). GDPR sets rules on how data should be stored, secured and accessed. It affects not only EU companies but any company that provides goods or services to EU residents, or tracks their online habits. The heavy penalties and fines for non- compliance are specifically designed to get C-suite attention. The numbers make it clear that the EU is taking data privacy more seriously than ever before. Repeated non-compliance will result in fines of up to EUR20 million, or as much as 4 per cent of the total worldwide annual turnover of the preceding financial year, whichever is higher. With just under a year until GDPR becomes law, there is plenty for companies to think about. Here are five things you can do to be ready by 25 May 2018. 1. Find out if and how it applies to you Does GDPR apply to you? The more your company deals with Europe, the more likely it is that you will be under scrutiny; at least initially. Document what you have done to establish your need for compliance. If you feel GDPR does not apply to you, state why and log your findings with your company’s data compliance officer, or their equivalent. Similarly, if you feel you do need to comply, document why and start taking action to comply. If you are in doubt, seek outside advice. For an issue such as this, inaction will certainly lead to the worst possible outcome. 2. Audit your data Gartner estimates that 80 per cent of an enterprise’s data is in unstructured form. Unstructured often means unknown or insecure. No wonder Data Discover exercises take so long to complete, if they are completed at all. Often, companies don’t even know of what that data consists. Establish how old data is and if it’s over a certain age, examine whether you really need it. Once you have a better idea of what you have and how much of it there is, you can begin to formulate guidelines on what to keep and what to purge, along with strict rules on how to log and structure new data as it is created. Few companies currently have formal criteria for deciding whether or not data should be kept (and for how long) or discarded. GDPR states data can be kept only if still being used for the purpose stated at the time it was collected. If it’s no longer being used for that purpose, it must be deleted. 3. Evaluate existing capabilities Understand what specific controls you have in place in relation to personal data. For example, who can access it and for what purpose? Once you know what controls you already have in place, you can begin to work out what other controls The numbers make it clear that the EU is taking data privacy more seriously than ever before. Repeated non- compliance will result in fines of up to EUR20 million, or as much as 4 per cent of the total worldwide annual turnover. are needed and can begin to calculate the level of investment needed to achieve that compliance. Remember that not all the controls you need are of a technical nature. Processes and procedures related to the handling of data will have to be documented and clearly communicated to the people handling that data. People are the most vital – and the weakest – link in achieving GDPR compliance. 4. Prioritise Once you have an idea of how to achieve GDPR compliance, prioritise. Can solutions relating to process and procedure be implemented more quickly than technical solutions? Ensure third parties with whom you share data are briefed immediately on their responsibilities under GDPR. If it’s taking time for your organisation to establish a detailed data policy, impose interim guidelines. Under GDPR, individuals will be able to claim ‘the right to be forgotten’, meaning all data relating to the person must be deleted at their request and possibly handed over to the person prior to deletion. Make the ability to do this a priority. 5. Control what third parties can do with data If you pass any information that comes under GDPR on to a third party, and they are deemed to have misused it, you become liable for that misuse. You should brief third parties on the law and its responsibilities. Go further and utilise technological solutions. With enterprise digital rights management (EDRM), you can precisely specify who can view, edit, copy, screen capture and share files, as well as which devices a document can be viewed on and for how long. An audit trail is created that clarifies who has accessed a document and when. File access and usage permissions can be quickly revoked at any time from anywhere. The focus of GDPR is to ensure that data remains private, secure and monitored at all times. With the right combination of tools and technology in place, organisations can achieve compliance and avoid the risk of heavy fines.  53