The General Data Protection Regulation (GDPR), adopted in 2018, is the EU’s unified data protection law and one of the most comprehensive personal data protection laws globally. It replaced the 1995 EU Data Protection Directive and strengthened data subject rights, transparency, and breach notification rules. Under the GDPR compliance framework, companies, regardless of their location, must adhere to strict data privacy laws when handling personal data of EU residents. To meet GDPR compliance, businesses must rely on legal bases for data collection and ensure that no misuse occurs. Achieving GDPR certification is a key step, often involving guidance from a Data Protection Officer (DPO). At Akitra, we created this series to address common GDPR questions and help companies navigate this complex regulation.
If you want to take a glance at the first part of this guide, you can do so by clicking right here: GDPR Compliance (Part 1).
Let’s continue.
What is GDPR Compliance?
The General Data Protection Regulation (GDPR) is a vast compliance framework that broadly requires a company to do the following:
- “Personal” data of EU citizens must be protected and only used for authorized purposes, in line with GDPR compliance guidelines;
- Access to the data has been restricted and secured as part of personal data protection measures.
- Contracts with third parties must contain specific requirements for the processing of data by third parties.
- EU individuals have a variety of rights regarding their data, including the right to know what data a company may hold on them and the right to request a processing restriction on that data, commonly referred to as data subject rights; and
- Follow specific reporting guidelines when reporting data security incidents, a crucial step in obtaining GDPR certification.
The GDPR guidelines were developed with three key objectives in mind:
- Establishing a set of minimum requirements for cloud-based businesses handling personal data of EU citizens, thereby upholding key data privacy laws;
- Replacing the 1995 Data Protection Directive and the 28 various privacy laws now in force in EU member states with a single privacy legislation; and
- Revising privacy regulations to reflect current practices in the collection and transmission of personal data.
Discover more about the GDPR’s operation, who needs to comply with it, its advantages, violations, and how a Data Protection Officer (DPO) supports compliance by reading one of our earlier posts right here.
5 Most Frequently-Asked Questions About GDPR Compliance
What rights must companies enable under GDPR?
The GDPR grants “data subject rights” to EU citizens, which gives them control over their data. It includes the right to:
- Learn more about how we handle personal data.
- Access a company’s collection of personal information;
- Have inaccurate personal information updated or erased as part of personal data protection efforts;
- Request the correction and deletion of personal data in specific situations (sometimes referred to as the “right to be forgotten”);
- Restrict automated processing of personal data or object to it; and
- Get a copy of the personal information.
Companies must also ensure their practices are aligned with established data privacy laws and remain eligible for GDPR certification.
Am I allowed to transfer “personal” data outside the EU?
Yes, although transfers of “personal” data belonging to EU citizens to countries outside the European Economic Area are rigorously governed by the GDPR compliance framework. To make these transfers possible, you may need to establish a specific legal framework, such as a contract, or adhere to a certification framework. Companies typically define these legal requirements in their contracts for online services.
Such cross-border transfers must be handled with appropriate personal data protection and under the oversight of a qualified Data Protection Officer (DPO), if required.
How is the data being processed by my company covered by the GDPR?
The GDPR governs how “personal data” is gathered, maintained, used, and shared. Under the GDPR, “personal data” is defined extremely broadly as “any information relating to an identified or geographically identifiable natural person.” This definition is at the core of both personal data protection and GDPR certification audits.
Online identifiers (such as IP addresses), employment information, sales databases, customer services data, customer feedback forms, location data, biometric data, CCTV footage, loyalty program records, health, and financial information are all subject to GDPR compliance. These all fall under the scope of various data privacy laws in the EU.
Even pseudonymized personal information may qualify as personal information if it can be connected to a specific person. Processing some “special” categories of personal data, such as health or sexual orientation, is subject to stricter regulations and often requires oversight from a Data Protection Officer (DPO).
Does the GDPR apply to processors and controllers?
Yes. Both controllers and processors must meet GDPR compliance requirements. The GDPR places more responsibility on processors than the previous directive. Their duties include:
- Following the controller’s instructions
- Securing personal data
- Supporting data subject rights requests
- Ensuring sub-processors also comply
These are essential for GDPR certification and strong personal data protection.
Does my business need to appoint a Data Protection Officer (DPO)?
The need for a DPO depends on several variables. Per Article 37 of the GDPR, controllers and processors are required to appoint a data protection officer in the following circumstances:
(a) The processing is carried out by a public authority or body, except courts acting in their official capacities; and
(b) The processing operations make up the controller’s or processor’s core business functions and, as a result of their nature, scope, or purposes, call for routine and systematic monitoring of data subjects on a large scale; or
(c) Processing on a large scale of special categories of data, as specified in Article 9, and personal data related to criminal convictions and offenses, as mentioned in Article 10, constitutes the controller’s or processor’s primary business activity.
GDPR Compliance with Akitra!
Establishing trust is a crucial competitive differentiator when courting new SaaS businesses in today’s era of data breaches and compromised privacy. Customers and partners want assurances that their organizations are doing everything possible to prevent disclosing sensitive data and putting them at risk, and compliance certification fills that need.
Akitra offers an industry-leading, AI-powered Compliance Automation platform for SaaS companies. Akitra, with its expertise in technology solutions and compliance, is well-positioned to assist companies in navigating the complexities of ISO 42001 compliance. As this standard focuses on the responsible use of AI, Akitra can provide invaluable guidance in implementing the necessary frameworks and processes.
Using automated evidence collection and continuous monitoring, together with a full suite of customizable policies and controls as a compliance foundation, our compliance automation platform and services help our customers become compliance-ready for NIST’s 800-218 Secure Software Development Framework and other security standards, such as SOC 1, SOC 2, HIPAA, GDPR, PCI DSS, ISO 27001, ISO 27701, ISO 27017, ISO 27018, ISO 9001, ISO 13485, NIST CSF, NIST 800-53, NIST 800-171, FedRAMP, CCPA, CMMC, SOX ITGC, and more such as CIS AWS Foundations Benchmark, Australian ISM and Essential Eight etc. In addition, companies can use Akitra’s Risk Management product for overall risk management using quantitative methodologies such as Factorial Analysis of Information Risks (FAIR) and qualitative methods, including NIST-based for your company, Vulnerability Assessment and Pen Testing services, Trust Center, and AI-based Automated Questionnaire Response product to streamline and expedite security questionnaire response processes, delivering huge cost savings. Our compliance and security experts also provide customized guidance to navigate the end-to-end compliance process confidently. Last but not least, we have also developed a resource hub called Akitra Academy which provides easy-to-learn short video courses on security, compliance, and related topics of immense significance for today’s fast-growing companies.
The benefits of our solution include enormous savings in time, human resources, and cost savings, including discounted audit fees with our audit firm partners. Customers can achieve compliance certification fast and cost-effectively, stay continuously compliant as they grow, and become certified under additional frameworks from our single compliance automation platform.
Build customer trust. Choose Akitra TODAY!
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