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The GDPR basics your business needs to know
We’ve all experienced situations when a few bad apples made life harder for everyone. There are plenty of examples of this in today’s world, but one of the most far-reaching examples is the need for data protection regulations. Some web-based businesses were taking advantage of customers’ data and disregarding their privacy, leading to widespread laws like the GDPR that everyone needs to follow.
When people talk about the GDPR, meaning the EU’s data privacy law, what do they mean? What does GDPR stand for, what is GDPR compliance, and what do you have to do to be compliant? To bring you up to speed, we’re covering all the essentials in this GDPR overview.
When did GDPR go into effect?
GDPR stands for General Data Protection Regulation. This is a regulation that was signed into law across the EU in 2016.
The GDPR is a response to the massive growth of technology and the way it has turned consumer data into both a commodity and a potential weapon. It was passed by the EU in 2016 and took effect on May 25th, 2018, meaning that organizations had to be fully GDPR compliant by May 2018.
The GDPR isn’t the EU’s first regulation designed to protect private data. In 1995, it released the 1995 Data Protection Directive, which laid out rules for processing and transferring data in the EU. The GDPR is essentially a modernized regulation with the same goal, designed to better reflect the way data is handled today and the fact that it is functioning as a form of currency. The 1995 Data Protection Directive also allowed every country in the EU to make its own data privacy laws, which created a logistical mess for businesses and regulators, so the GDPR fixes this with one unified regulation.
When the GDPR took effect in 2018, it was among the strictest data privacy regulations in existence, and it remains so today. An update to the GDPR was published in 2021 as well, removing the Privacy Shield to make it easier for US businesses to serve EU customers and changing the laws for cookie consent.
A refresher on GDPR basics
The goal of the GDPR was to give users and customers more transparency about their data and how it is collected and used, give users more control over their data, and protect users’ data privacy from unwarranted access.
The GDPR includes a variety of steps any business must take if they are collecting data from anyone in the EU. Understandably, though, EU authorities gave businesses time to get the necessary procedures in place. So, the GDPR effective data was in May 2018. Although, if you’re wondering when did GDPR go into effect, you probably only need to think back to when you started seeing pop-ups about allowing cookies on every site you visited.
GDPR compliance meaning and guidelines
For your organization to be considered “GDPR compliant,” you must adhere to all of the guidelines and requirements laid out in the GDPR. That involves having certain consent options on your site, incorporating and enforcing certain policies for how data is handled, and so on.
Keep in mind that the GDPR is a law, not a standard. Unlike security standards, there is no certification that deems you to be “GDPR compliant.” You are responsible for ensuring that you are following the law, and there can be serious penalties and fines if you are found to be in breach of the GDPR. These fines can be tens of millions of dollars or more - the highest penalty to date is €746 million (about $787 million US). Double check your organization’s compliance with our GDPR checklist to avoid severe penalties.
GDPR guidelines
As a whole, the GDPR is designed to protect consumer data for EU residents. There are seven guiding principles it uses to carry out that goal.
Lawfulness, fairness, and transparency
Organizations must collect data with fairness and transparency, allowing consumers to understand what is being collected about them rather than gathering data behind their backs.
Purpose limitation
When organizations collect data, it doesn’t become free for them to use in any way they choose. In alignment with the GDPR, organizations can only use collected data for specific purposes that they have communicated to the consumers.
Data minimization
The GDPR requires organizations to only collect data that is necessary for their purposes, so they are receiving as little data as is possible or reasonable from consumers.
Accuracy
To protect users from being targeted based on inaccurate data, the GDPR requires organizations to make a reasonable effort to keep consumers’ data accurate and up to date.
Storage limitation
The GDPR requires organizations to only keep consumers data for as long as is necessary for them to process it appropriately.
Integrity and confidentiality
Organizations must take measures to keep consumer data secure and confidential to protect it from unauthorized access.
Accountability
The GDPR holds organizations accountable for how they use and handle consumer data, including intentional misuse and careless disregard for consumer privacy.
What rights are granted under the GDPR requirement?
The core GDPR principles revolve around a set of rights that the legislation guarantees to people in the EU. These include:
- The right to be informed about your data and how it’s being collected and used
- The right of access to the data being collected
- The right to rectification or the right to correct inaccurate data
- The right to erase any and all data a company has stored about them at their request
- The right to restriction of processing by requesting that you stop or change the way you’re processing their data
- The right to data portability, meaning that they can request that any and all data be transferred from one company or service provider to another
- The right to object
- Rights regarding automated decision-making and profiling
This “bill of rights” forms the core basis for the GDPR and sets the tone for the rules and regulations that businesses need to follow.
What are the GDPR rules I need to follow?
The GDPR regulations include a complex list of rules and requirements for businesses to follow. These include security protocol, user communication policies, data management practices, and more to protect those eight rights guaranteed to users.
One type of requirement in the GDPR involves getting consent from users to collect and process their data. Before this regulation, it was assumed that users consented to their data being collected and used unless they stated otherwise. This is called implied consent, and most users had no idea what they were “consenting” to. The GDPR flips this so companies can only collect data if users give their written consent.
You’re also required to have processes in place for communicating your data usage transparently to users. You need to have clear and easy ways for users to put their GDPR data protection rights into action, like ways for them to request the erasure of their data or to request access to the data you’ve collected about them.
Another key component of the GDPR policy is data security. You must have systems in place that keep users’ data reasonably safe from unwarranted access like hacks and data breaches. As part of this, you need to have internal access controls to make sure user data can only be seen and used when absolutely necessary. You must also have protocols for alerting authorities quickly about any data breaches or risks to user data.
If your company isn’t located within the EU, another key requirement is to have a representative in the EU who can be the primary point of contact with EU authorities about GDPR matters.
This is not a comprehensive list of the GDPR requirements but a general summary of the types of policies, protocols, and protections you’ll need to have in place for EU GDPR compliance.
Who needs to comply with the GDPR?
Most data privacy regulations apply to companies based in a particular area. The GDPR is different. This law protects anyone in the EU, so in terms of requiring companies to comply with the requirements, who does the general data protection regulation apply to? It applies to any company that collects data from anyone within the EU.
Generally, that means any company with a website needs to follow the GDPR law. You may not be actively marketing to EU customers, but if an EU-based user could visit your site and have their data collected, the GDPR applies to you. The rare exception would be a company that cannot or does not do business with EU-based customers, such as a site that is geographically blocked from EU users.
How can I make the GDPR compliance process as smooth as possible?
If you’re doing business in a way that requires you to follow the GDPR, the compliance process doesn’t have to be as arduous as you might expect. There are specialized tools that can help.
Compliance software, for example, will automatically scan your system and compare it against the checklist of requirements for GDPR data privacy. The software gives you a clear list of what criteria you already meet and what you need to put in place for full compliance.
More about GDPR compliance
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Determine if you need to comply with GDPR
Not all organizations are legally required to comply with the GDPR, so it’s important to know how this law applies to your organization. Consider the following:
Do you sell goods or services 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?
If any of the above statements apply to your business, you’ll need to be GDPR compliant.
Document the personal data you process
Because GDPR hinges on the data you collect from consumers and what your business does with that data, you’ll need to get a complete picture of the personal data you’re collecting, processing, or otherwise interacting with. Follow these items to scope out your data practices:
Identify and document every system (i.e. database, application, or vendor) that 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, including:
Racial or ethnic origins
Religious or philosophical beliefs
Genetic data
Health, sex life, or sexual orientation data
Political opinions
Trade union membership
Biometric data that could uniquely identify someone
Determine whether your documentation meets the GDPR requirements for Records of Processing Activities, that include information on:
The name and contact details of the controller
The purpose behind the processing of data
A description of the categories of data that will be processed
Who will receive the data
Documentation of suitable safeguards for data transfers to a third country or an international organization
The retention period of the different categories of data
A general description of the technical and organizational security measures
Determine whether your documentation includes the following information about processing activities carried out by vendors on your behalf:
The name and contact details of the processor(s) and of each controller on behalf of which the processor is acting, and, where applicable, of the controller’s or the processor’s representative, and the data protection officer
The categories of processing carried out on behalf of each controller
Documentation of suitable safeguards for data transfers to a third country or an international organization
A general description of the technical and organizational security measures
Determine your legal grounds for processing data
GDPR establishes conditions that must be met before you can legally collect or process personal data. Make sure your organization is meeting the conditions listed below:
For each category of data and system/application, determine the lawful basis for processing based on one of the following conditions:
Consent of the data subject
Contract with the data subject
Necessary for compliance with a legal obligation
Necessary in order to protect the vital interests of the data subject or a third party
Necessary for the performance of a task in the public interest or in the exercise of official authority vested in the controller
Necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the rights of the data subject
Review and update current customer and vendor contracts
For your organization to be fully GDPR compliant, the vendors you use must also maintain the privacy rights of your users’ and those rights should be reflected in your contracts with customers:
Review all customer and in-scope vendor contracts to determine that they have appropriate contract language (i.e. Data Protection Addendums with Standard Contractual Clauses).
Determine if you need a Data Protection Impact Assessment
A Data Protection Impact Assessment (DPIA) is an assessment to determine what risks may arise from your data processing and steps to take to minimize them. Not all organizations need a DPIA, the following items will help you determine if you do:
Identify if your data processing is likely to create high risk to the rights and freedoms of natural persons. Considering if your processing involves any of the following:
Automated processing, including profiling, and on which decisions are based that produce legal effects
Special categories of data or data related to criminal convictions and offenses
Monitor any publicly accessible area on a large scale
If any of the above are true, you may need to conduct a data protection impact assessment for existing and new data projects.
Clearly communicate privacy and marketing consent practices
A fundamental element of GDPR compliance is informing consumers of their data privacy rights and requesting consent to collect or process their data. Ensure your website features the following:
A public-facing privacy policy which covers the use of all your products, services, and websites.
Notice to the data subject that include the essential details listed in GDPR Article 13.
Have a clear process for persons to change or withdraw consent.
Update internal privacy policies
Ensure that you have privacy policies that are up to the standards of GDPR:
Update internal privacy notices for EU employees.
Have an employee privacy policy that governs the collection and use of EU and UK employee data.
Determine if you need a data protection officer (DPO) based on one of the following conditions:
The data processing is carried out by a public authority
The core activities of the controller or processor require regular and systematic monitoring of data subjects on a large scale
Review compliance measures for external data transfers
Under GDPR, you’re responsible for protecting the data that you collect and if that data is transferred. Make your transfer process compliant by following these steps:
If you transfer, store, or process data outside the EU or UK, identify your legal basis for the data transfer. This is most likely covered by the standard contractual clauses.
Perform and document a transfer impact assessment (TIA).
Confirm you comply with additional data subject rights
Ensure you’re complying with the following data subject rights by considering the following questions:
Do you have a process for timely responding to requests for information, modifications, or deletion of PII?
Can you 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 an EU-based representative
Depending on how and where your organization is based, you may need a representative for your organization within the European Union. Take these steps to determine if this is necessary:
Determine whether an EU representative is needed. You may not need an EU-rep if the following conditions apply to your organization:
Data processing is occasional
Data processing is not done on a large scale
Data processing doesn’t include special categories or data related to criminal convictions and offenses
Doesn’t risk to the rights and freedoms of data subjects
A public authority or body
If the above conditions do not apply to you, appoint an EU-based representative.
Identify a lead data protection authority (DPA) if needed
GDPR compliance is supervised by the government of whatever EU member-state you’re operating in. If you’re operating in multiple member-states, you may need to determine who your lead data protection authority is:
Determine if you operate in more than one EU state.
If so, designate the supervisory authority of the main establishment to act as your DPA.
Implement employee training
Every employee in your organization provides a window for hackers to gain access to your systems and data. This is why it's important to train your employees on how to prevent security breaches and maintain data privacy:
Provide appropriate security awareness and privacy training to your staff.
Integrate data breach response requirements
GDPR requires you to create a plan for notifying users and minimizing the impact of a data breach. Examine your data breach response plan, by doing the following:
Create and implement an incident response plan which includes procedures for reporting a breach to EU and UK data subjects as well as appropriate data authorities.
Establish breach reporting policies that comply with all prescribed timelines and include all recipients (i.e. authorities, controllers, and data subjects).
Implement appropriate security measures
GDPR requires you to take measures to minimize the risk of a data breach. This includes security practices such as pseudonymization/encryption, maintaining confidentiality, restoration of access following physical/technical incidents, and regular testing of measures. Consider the following:
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 measures ensure that, by default, only personal data that are necessary for each specific purpose of the processing are processed?
Streamline GDPR compliance with automation
GDPR compliance is an ongoing project that requires consistent upkeep with your system, vendors, and other factors that could break your compliance. Automation can help you stay on top of your ongoing GDPR compliance. The following items can help you streamline and organize your continuous compliance:
Explore tools for automating security and compliance.
Transform manual data collection and observation processes via continuous monitoring.
Download this checklist for easy reference
GDPR compliance FAQs
In this section, we’ve answered some of the most common questions about GDPR compliance:
What are the seven GDPR requirements?
The requirements for GDPR compliance are based on a set of seven key principles:
- Lawfulness, fairness, and transparency
- Purpose limitation
- Data minimization
- Accuracy
- Storage limitations
- Integrity and confidentiality
- Accountability
These are the seven requirements you must uphold to be GDPR compliant.
Is GDPR compliance required in the US?
GDPR compliance is mandatory for some US companies. GDPR compliance is not based on where your organization is located but whose data you collect, store, or process. Regardless of where your organization is based, you must comply with GDPR if you are collecting or processing data from EU residents.
What are the four key components of GDPR?
The four components of GDPR include:
- Data protection principles
- Rights of data subjects
- Legal bases for data processing
- Responsibilities and obligations of data controllers and processors
Safeguard your business with GDPR compliance
If your organization collects data from EU residents, GDPR compliance is mandatory for you. It’s important to follow the steps listed above to protect your business from heavy fines and to respect the data privacy rights of consumers.
Vanta provides compliance automation tools and continuous monitoring capabilities that can help you get and stay GDPR compliant. Learn more about getting GDPR compliance with Vanta.
Pre-work for your SOC 2 compliance
Choose the right type of SOC 2 report:
Do you sell goods or services to EU businesses, consumers, or both?
Do you sell goods or services to EU businesses, consumers, or both?
Do you sell goods or services to EU businesses, consumers, or both?
Determine the framework for your SOC 2 report. Of the five Trust Service Criteria in SOC 2, every organization needs to comply with the first criteria (security), but you only need to assess and document the other criteria that apply. Determining your framework involves deciding which Trust Service Criteria and controls are applicable to your business using our Trust Service Criteria Guide.
Estimate the resources you expect to need. This will vary depending on how closely you already align with SOC 2 security controls, but it can include several costs such as:
Compliance software
Engineers and potentially consultants
Security tools, such as access control systems
Administrative resources to draft security policies
Auditing for your compliance certification
Choose the right type of SOC 2 report:
Do you sell goods or services to EU businesses, consumers, or both?
Do you sell goods or services to EU businesses, consumers, or both?
Do you sell goods or services to EU businesses, consumers, or both?
Work toward SOC 2 compliance
Begin with an initial assessment of your system using compliance automation software to determine which necessary controls and practices you have already implemented and which you still need to put in place.
Review your Vanta report to determine any controls and protocols within the “Security” Trust Service Criteria that you do not yet meet and implement these one by one. These are multi-tiered controls across several categories of security, including:
CC1: Control Environment
CC2: Communication and Information
CC3: Risk Assessment
CC4: Monitoring Activities
CC5: Control Activities
CC6: Logical and Physical Access Controls
CC7: System Operations
CC8: Change Management
CC9: Risk Mitigation
Using Vanta’s initial assessment report as a to-do list, address each of the applicable controls in the other Trust Services Criteria that you identified in your initial framework, but that you have not yet implemented.
Using Vanta’s initial assessment report, draft security policies and protocols that adhere to the standards outlined in SOC 2.
Vanta’s tool includes thorough and user-friendly templates to make this simpler and save time for your team.
Run Vanta’s automated compliance software again to determine if you have met all the necessary criteria and controls for your SOC 2 report and to document your compliance with these controls.
Complete a SOC 2 report audit
Select and hire an auditor affiliated with the American Institute of Certified Public Accountants (AICPA), the organization that developed and supports SOC 2.
Complete a readiness assessment with this auditor to determine if you have met the minimum standards to undergo a full audit.
If your readiness assessment indicates that there are SOC 2 controls you need to address before your audit, complete these requirements. However, if you have automated compliance software to guide your preparations and your SOC 2 compliance, this is unlikely.
Undergo a full audit with your SOC 2 report auditor. This may involve weeks or longer of working with your auditor to provide the documentation they need. Vanta simplifies your audit, however, by compiling your compliance evidence and documentation into one platform your auditor can access directly.
When you pass your audit, the auditor will present you with your SOC 2 report to document and verify your compliance.
Maintain your SOC 2 compliance annually
Establish a system or protocol to regularly monitor your SOC 2 compliance and identify any breaches of your compliance, as this can happen with system updates and changes.
Promptly address any gaps in your compliance that arise, rather than waiting until your next audit.
Undergo a SOC 2 re-certification audit each year with your chosen SOC 2 auditor to renew your certification.
Download this checklist for easy reference
Prioritizing Your Security and Opening Doors with SOC 2 Compliance
Information security is a vital priority for any business today from an ethical standpoint and from a business standpoint. Not only could a data breach jeopardize your revenue but many of your future clients and partners may require a SOC 2 report before they consider your organization. Achieving and maintaining your SOC 2 compliance can open countless doors, and you can simplify the process with the help of the checklist above and Vanta s compliance automation software. Request a demo today to learn more about how we can help you protect and grow your organization.
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
- Communication
- 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
Learn more about achieving ISO 27001 certification with Vanta
Book an ISO 27001 demo with Vanta
Download this checklist for easy reference
Download NowDetermine 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
Download this checklist for easy reference
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