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8 Steps to make your website GDPR compliant
The GDPR, or General Data Protection Regulation, is one of those intimidating laws that most businesses have in the backs of their minds. However, many companies don’t have an adequate grasp of GDPR or how to become compliant in GDPR.
What is GDPR and what is a GDPR compliant business?
The GDPR is a law of the European Union, though the UK has essentially the same law of its own, which is meant to protect EU consumers’ private data. It’s a law that guarantees certain privacy-related rights to EU citizens and lists practices your organization needs to follow regarding data privacy, such as keeping data secure, giving users the option to delete their data, being transparent about your data collection, and so on.
Countries require compliance with GDPR to help their citizens stay safe from data breaches, manipulative or invasive marketing, and other risks that come from a loss of digital privacy. Unless you’ve led a concrete effort to implement measures to comply with GDPR on your website, chances are there are critical requirements you’re missing. And those missing pieces can cause you to not be GDPR compliant. A lack of GDPR compliance can be costly, to the tune of millions in penalty fees.
How do you make your website GDPR compliant? The exact process will depend on what measures you already have in place and which ones you don’t, but follow these 8 steps to make sure all your bases are covered.
1. Find out where you stand with GDPR compliance
For all those who say, “I don’t know how to make my website GDPR compliant or where to even begin,” becoming GDPR compliant is easier to get started than you might realize. Before you make any changes, you need to know where you stand with GDPR compliance.
When first starting your journey to becoming GDPR compliant, there are a few questions you’ll need to ask, specifically which GDPR requirements do you currently meet and which ones should be on your to-do list?
The best way to make an initial GDPR compliance assessment is with compliance software—a tool that scans your site and its operations against the GDPR requirements. The right compliance platform will identify all the requirements you’re missing so you can start off with a clear and efficient action list to become compliant with GDPR.
2. Add requests for permission where necessary
One of the cornerstones of GDPR for websites is a switch from implied consent to specified consent. Implied consent is when users implicitly agree to data collection by being on your website. Specified consent occurs when users explicitly opt-in to data collection. Any time you’re collecting any user data, you need a checkbox, button, or similar way for users to consent to it.
If you’re using cookies or gathering any other data that users don’t purposefully provide, you need a pop-up or notification they see as soon as they get to your site. If you’re using any data you obtained from web sources, you must gain consent before adding them to a mailing list. Sources include:
- Pages where users purposefully input data
3. Add data collection information to your site
Another key to GDPR compliance is being transparent about:
- What data you’re collecting
- How you’re using it
- How you’re processing it
- Who can access it
- Who you’re sharing it with
4. Investigate any third-party apps, plug-ins, or tools
Many websites use third-party components in some way. You might be using Google Analytics or other tracking tools for website metrics. You might have implemented plug-ins to allow for certain features or designs, or you may use a third-party chat service for example.
However, it’s important to understand that some of these plug-ins may cause your website to not be GDPR compliant. Regardless, if you’re using a third-party tool that plays any role in collecting, storing, using, or processing data from users, you need to make sure that tool is GDPR compliant.
5. Create a way to get in touch
Among other requirements, GDPR guarantees users certain rights regarding their data, like:
- The right to request all the data you have about them
- The right to request that you delete all their data
Users need to be able to reach the right person in order to act on their rights. Within your GDPR policy that details your use of user data, include the contact information of your data officer so users can reach out to them with these requests.
6. Update your data security
GDPR is all about the use and accumulation of user data, but it doesn’t just apply to you and how you use the data. To be GDPR complaint you also need to safeguard users’ data against unauthorized people accessing and misusing it.
For this reason, you need to implement data security measures to be GDPR compliant. This may look different at every company, but it can include tools and precautions like:
- Access controls
- Specific employee IDs
- Anti-virus software
- Other security measures
7. Develop policies for GDPR compliance
As we noted above, GDPR guarantees that users have certain rights when it comes to your data, so you need to comply with users’ requests. These include:
- Requests to see all the data you have for them
- Requests to delete all their data from your servers
- Requests to correct their data
To be GDPR compliant, you need a GDPR policy that outlines your protocols and processes for addressing these requests.
You also need policies regarding potential data breaches, like protocols for addressing a breach and notifying users that their data was compromised. Be sure to have systems in place to monitor site changes and ensure GDPR compliance. This step of becoming GDPR compliant can be as simple as using an automation tool like Vanta to regularly scan your system.
8. Confirm and document your GDPR compliance
If you’ve followed the steps above and followed the guidance from your initial automation scan, your website should now be GDPR compliant. You need to confirm and document GDPR compliance.
The simplest strategy for how to make sure your website is GDPR compliant is to run your scan again. This thoroughly documents your compliance with each GDPR requirement so you can rest assured that you’ve checked all the boxes and that you’re adequately protecting your users’ data.
Get GDPR Compliant
Determine whether the GDPR applies to you and if so, if you are a processor or controller (or both)
Do you sell goods or service in the EU or UK?
Do you sell goods or services to EU businesses, consumers, or both?
Do you have employees in the EU or UK?
Do persons from the EU or UK visit your website?
Do you monitor the behavior of persons within the EU?
Create a Data Map by taking the following actions
Identify and document every system (i.e. database, application, or vendor) which stores or processes EU or UK based personally identifiable information (PII)
Document the retention periods for PII in each system
Determine whether you collect, store, or process “special categories” of data
Determine whether your Data Map meets the requirements for Records of Processing Activities (Art. 30)
Determine whether your Data Map includes the following information about processing activities carried out by vendors on your behalf
Determine your grounds for processing data
For each category of data and system/application have you determined the lawful basis for processing based on one of the following conditions?
Take inventory of current customer and vendor contracts to confirm new GDPR-required flow-down provisions are included
Review all customer contracts to determine that they have appropriate contract language (i.e. Data Protection Addendums with Standard Contractual Clauses)
Review all in-scope vendor contracts to determine that they have appropriate contract language (i.e. Data Protection Addendums with Standard Contractual Clauses)
Have you performed a risk assessment on vendors who are processing your PII?
Determine if you need to do a Data Protection Impact Assessment
Is your data processing taking into account the nature, scope, context, and purposes of the processing, likely to result in a high risk to the rights and freedoms of natural persons?
Review product and service design (including your website or app) to ensure privacy notice links, marketing consents, and other requirements are integrated
Does the notice to the data subject include the following items?
Does the notice also include the following items?
Do you have a mechanism for persons to change or withdraw consent?
Update internal privacy policies to comply with notification obligations
Update internal privacy notices for EU employees
Determine if you need to appoint a Data Protection Officer, and appoint one if needed
Have you determined whether or not you must designate a Data Protection Officer (DPO) based on one of the following conditions (Art. 37)?
If you export data from the EU, consider if you need a compliance mechanism to cover the data transfer, such as model clauses
If you transfer, store, or process data outside the EU or UK, have you identified your legal basis for the data transfer (note: most likely covered by the Standard Contractual Clauses)
Have you performed and documented a Transfer Impact Assessment (TIA)?
Confirm you are complying with other data subject rights (i.e. aside from notification)
Do you have a defined process for timely response to Data Subject Access Requests (DSAR) (i.e. requests for information, modification or deletion of PII)?
Are you able to provide the subject information in a concise, transparent, intelligible and easily accessible form, using clear and plain language?
Do you have a process for correcting or deleting data when requested?
Do you have an internal policy regarding a Compelled Disclosure from Law Enforcement?
Determine if you need to appoint an EU-based representative, and appoint one if needed
Have you appointed an EU Representative or determined that an EU Representative is not needed based on one of the following conditions?
If operating in more than one EU state, identify a lead Data Protection Authority (DPA)
Do you operate in more than one EU state?
If so, have you designated the Supervisory Authority of the main establishment to act as your Lead Supervisory Authority?
Implement Employee Trainings to Demonstrate Compliance with GDPR Principles and Data Subject Rights
Have you provided appropriate Security Awareness and Privacy training to your staff?
Update internal procedures and policies to ensure you can comply with data breach response requirements
Have you created and implemented an Incident Response Plan which included procedures for reporting a breach to EU and UK Data Subjects as well as appropriate Data Authorities?
Do breach reporting policies comply with all prescribed timelines and include all recipients i.e. authorities, controllers, and data subjects?
Implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk
Have you implemented encryption of PII at rest and in transit?
Have you implemented pseudonymization?
Have you implemented appropriate physical security controls?
Have you implemented information security policies and procedures?
Can you access EU or UK PII data in the clear?
Do your technical and organizational measure ensure that, by default, only personal data which are necessary for each specific purpose of the processing are processed?
Develop a roadmap for successful implementation of an ISMS and ISO 27001 certification
Implement Plan, Do, Check, Act (PDCA) process to recognize challenges and identify gaps for remediation
Consider ISO 27001 certification costs relative to org size and number of employees
Clearly define scope of work to plan certification time to completion
Select an ISO 27001 auditor
Set the scope of your organization’s ISMS
Decide which business areas are covered by the ISMS and which are out of scope
Consider additional security controls for business processes that are required to pass ISMS-protected information across the trust boundary
Inform stakeholders regarding scope of the ISMS
Establish an ISMS governing body
Build a governance team with management oversight
Incorporate key members of top management, e.g. senior leadership and executive management with responsibility for strategy and resource allocation
Conduct an inventory of information assets
Consider all assets where information is stored, processed, and accessible
- Record information assets: data and people
- Record physical assets: laptops, servers, and physical building locations
- Record intangible assets: intellectual property, brand, and reputation
Assign to each asset a classification and owner responsible for ensuring the asset is appropriately inventoried, classified, protected, and handled
Execute a risk assessment
Establish and document a risk-management framework to ensure consistency
Identify scenarios in which information, systems, or services could be compromised
Determine likelihood or frequency with which these scenarios could occur
Evaluate potential impact of each scenario on confidentiality, integrity, or availability of information, systems, and services
Rank risk scenarios based on overall risk to the organization’s objectives
Develop a risk register
Record and manage your organization’s risks
Summarize each identified risk
Indicate the impact and likelihood of each risk
Document a risk treatment plan
Design a response for each risk (Risk Treatment)
Assign an accountable owner to each identified risk
Assign risk mitigation activity owners
Establish target dates for completion of risk treatment activities
Complete the Statement of Applicability worksheet
Review 114 controls of Annex A of ISO 27001 standard
Select controls to address identified risks
Complete the Statement of Applicability listing all Annex A controls, justifying inclusion or exclusion of each control in the ISMS implementation
Continuously assess and manage risk
Build a framework for establishing, implementing, maintaining, and continually improving the ISMS
Include information or references to supporting documentation regarding:
- Information Security Objectives
- Leadership and Commitment
- Roles, Responsibilities, and Authorities
- Approach to Assessing and Treating Risk
- Control of Documented Information
- Internal Audit
- Management Review
- Corrective Action and Continual Improvement
- Policy Violations
Assemble required documents and records
Review ISO 27001 Required Documents and Records list
Customize policy templates with organization-specific policies, process, and language
Establish employee training and awareness programs
Conduct regular trainings to ensure awareness of new policies and procedures
Define expectations for personnel regarding their role in ISMS maintenance
Train personnel on common threats facing your organization and how to respond
Establish disciplinary or sanctions policies or processes for personnel found out of compliance with information security requirements
Perform an internal audit
Allocate internal resources with necessary competencies who are independent of ISMS development and maintenance, or engage an independent third party
Verify conformance with requirements from Annex A deemed applicable in your ISMS's Statement of Applicability
Share internal audit results, including nonconformities, with the ISMS governing body and senior management
Address identified issues before proceeding with the external audit
Undergo external audit of ISMS to obtain ISO 27001 certification
Engage an independent ISO 27001 auditor
Conduct Stage 1 Audit consisting of an extensive documentation review; obtain feedback regarding readiness to move to Stage 2 Audit
Conduct Stage 2 Audit consisting of tests performed on the ISMS to ensure proper design, implementation, and ongoing functionality; evaluate fairness, suitability, and effective implementation and operation of controls
Address any nonconformities
Ensure that all requirements of the ISO 27001 standard are being addressed
Ensure org is following processes that it has specified and documented
Ensure org is upholding contractual requirements with third parties
Address specific nonconformities identified by the ISO 27001 auditor
Receive auditor’s formal validation following resolution of nonconformities
Conduct regular management reviews
Plan reviews at least once per year; consider a quarterly review cycle
Ensure the ISMS and its objectives continue to remain appropriate and effective
Ensure that senior management remains informed
Ensure adjustments to address risks or deficiencies can be promptly implemented
Calendar ISO 27001 audit schedule and surveillance audit schedules
Perform a full ISO 27001 audit once every three years
Prepare to perform surveillance audits in the second and third years of the Certification Cycle
Consider streamlining ISO 27001 certification with automation
Transform manual data collection and observation processes into automated and continuous system monitoring
Identify and close any gaps in ISMS implementation in a timely manner
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Determine which annual audits and assessments are required for your company
Perform a readiness assessment and evaluate your security against HIPAA requirements
Review the U.S. Dept of Health and Human Services Office for Civil Rights Audit Protocol
Conduct required HIPAA compliance audits and assessments
Perform and document ongoing technical and non-technical evaluations, internally or in partnership with a third-party security and compliance team like Vanta
Document your plans and put them into action
Document every step of building, implementing, and assessing your compliance program
Vanta’s automated compliance reporting can streamline planning and documentation
Appoint a security and compliance point person in your company
Designate an employee as your HIPAA Compliance Officer
Schedule annual HIPAA training for all employees
Distribute HIPAA policies and procedures and ensure staff read and attest to their review
Document employee trainings and other compliance activities
Thoroughly document employee training processes, activities, and attestations
Establish and communicate clear breach report processes
to all employees
Ensure that staff understand what constitutes a HIPAA breach, and how to report a breach
Implement systems to track security incidents, and to document and report all breaches
Institute an annual review process
Annually assess compliance activities against theHIPAA Rules and updates to HIPAA
Continuously assess and manage risk
Build a year-round risk management program and integrate continuous monitoring
Understand the ins and outs of HIPAA compliance— and the costs of noncompliance
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