How To Avoid Fines Associated With The EU GDPR Regulation Coming May 2018
Written By Tammy Hope
Starting May 25, 2018, the new EU General Data Protection Regulation (GDPR) mandate will go into effect. This new regulation is intending to strengthen data privacy and to reshape the way organizations approach data privacy. Organizations that are not compliant with this regulation could face heavy fines. There are solutions to help businesses adhere to these changes coming our way, including Security Information and Event Management SIEM.
Yes, U.S. based business are affected…here’s how:
GDPR applies to organizations located within the EU, but it will also apply to organizations located outside of the EU if they offer goods or services to, or monitor the behavior of EU data subjects. It applies to all companies processing and holding the personal data of data subjects residing in the European Union, regardless of the company’s location.
If you collect personal data or behavioral information from someone in an EU country, your company is subject to the requirements of the GDPR. The law only applies if the data subjects, as the GDPR refers to consumers, are in the EU when the data is collected. This makes sense: EU laws apply in the EU. For EU citizens outside the EU when the data is collected, the GDPR would not apply.
The second point is that a financial transaction doesn’t have to take place for the extended scope of the law to kick in. If the organization just collects “personal data” — EU-speak for what we in the U.S. call personally identifiable information (PII) – as part of a marketing survey, then the data would have to be protected GDPR-style.
U.S. companies without a physical presence in an EU country collect most of the personal data belonging to EU data subjects over the Web. Are users in, say, Amsterdam who come across a U.S. website automatically protected by the GDPR?
The organization would have to target a data subject in an EU country. Generic marketing doesn’t count. For example, a Dutch user who Googles and finds an English-language webpage written for U.S. consumers or B2B customers would not be covered under the GDPR. However, if the marketing is in the language of that country and there are references to EU users and customers, then the webpage would be considered targeted marketing and the GDPR will apply.
Likely U.S. candidates to fall under the GDPR’s territorial scope would include U.S.-based hospitality, travel, software services and e-commerce companies. They should certainly take a closer look at their online marketing practices. However, any U.S. company that has identified a market in an EU country and has localized Web content should review their Web operations.
• Breach Notification: Under the GDPR, breach notification will become mandatory in all member states where a data breach is likely to “result in a risk for the rights and freedoms of individuals”. This must be done within 72 hours of first having become aware of the breach. Data processors will also be required to notify their customers, the controllers, “without undue delay” after first becoming aware of a data breach.
• Right to Access: Part of the expanded rights of data subjects outlined by the GDPR is the right for data subjects to obtain from the data controller confirmation as to whether or not personal data concerning them is being processed, where and for what purpose. Further, the controller shall provide a copy of the personal data, free of charge, in an electronic format. This change is a dramatic shift to data transparency and empowerment of data subjects.
• Right to be Forgotten: Entitles the data subject to have the data controller erase his/her personal data, cease further dissemination of the data, and potentially have third parties halt processing of the data. This includes the data no longer being relevant to original purposes for processing, or a data subjects withdrawing consent.
• Data Portability: The right for a data subject to receive the personal data concerning them, which they have previously provided in a ‘commonly use and machine readable format’ and have the right to transmit that data to another controller.
• Privacy by Design: Privacy by design as a concept has existed for years now, but it is only just becoming part of a legal requirement with the GDPR. At it’s core, privacy by design calls for the inclusion of data protection from the onset of the designing of systems, rather than an addition. More specifically – ‘The controller shall implement appropriate technical and organizational measures.
• Data Protection Officers
Recommended next steps and how Champion can help:
• Ensure you have a SIEM solution in place with log management capabilities to meet compliance
• Solutions to help protect sensitive data
• Perform vulnerability scanning to identify areas of risk
• Malware protection
• Detection and protection for IoT
• Patch management for endpoint protection
Champion’s team of security experts are highly trained in the latest security regulations and threat intelligence strategies to help you with the right pre-emptive solution for your organization. Call 800-771-7000 or submit a request form.