A data protection officer, DPO is the voice of data protection compliance within an organization. The DPO is still expected to be able to help organizations comply with their legal obligations and for GDPR manage the security of personal data.
iAPP.org states that the title an organization used to denote its privacy leaders may tell a lot about its approach to privacy. They state the most popular 5 terms are;
1) Privacy Officer
2) Chief of Privacy, or Chief Privacy Officer
4) Security Director
5) Vice President of Privacy
So you have a privacy leader, where do they fit within your organization?
While iAPP states there is no standard organization structure for privacy across organizations, Natuvion’s GDPR or transformation projects have consistently worked with 3 business functions; a legal or DPPO team, business analyst team and technical team (IT). The GDPR project itself was driven by Legal or a DPPO [Data Protection and Privacy Office], with each function running a sub-project for their related actions.
So you have a privacy leader, do you have privacy vision?
A privacy mission statement or vision document has the goal of communicating your company’s privacy position to all stakeholders and is always used in company wide education too.
Elements of a privacy vision
1) Value or privacy to the organization
2) Organizational objectives
3) Strategies to achieve intended outcomes
4) Roles and responsibilities - for example, only trained and authorized employees will have permission to work with personal data.
With GDPR, if a US company has employees or contractors in the EU, employers need to take notice of the ways in which they process employee data protection, the purposes for which they process employee data and the processes and procedures in place for the collecting,
Art. 15 “Right of access by the data subject” - The data subject shall have the right to obtain from the controller confirmation as to whether or not gdpr personal data concerning him or her are being processed, and, if that is the case, access to the gdpr personal data plus other details. There are other examples too.
Sophia software provides discovery analytics that helps with the first step of implementing the GDPR compliance process by reporting on what personal data is in your landscape and where it is stored.
If you are using a SAP CRM system and its email marketing system with prospects and customers from the European Union, then the GDPR legislation is very important for you and your organization. You will need explicit permission to store records and email addresses of prospects and customers to follow GDPR compliance requirements. Pseudonymization can reduce the risk with these data protection processes.
Data Protection Marketing (Target Marketing): The GDPR restricts “profiling” and sets significant GDPR data subject rights to avoid profiling-based decisions.
Advancements in technology have expedited methods for data controllers to gather, analyze, and process personal data for a variety of purposes, including drawing conclusions about data subjects and potentially taking action in response to those conclusions in data protection marketing such as target marketing or price differentiation. This is called "profiling."
Under Article 4(4), data processing may be characterized as “profiling” when it involves
- automated processing of GDPR personal data and
- using that personal data to evaluate certain personal aspects relating to a natural person.
Specific examples include analyzing or predicting “aspects concerning that natural person's performance at work, economic situation, health, personal preferences, interests, reliability, behavior, location, or movements.”
"Profiling” requires some sort of an outcome or action resulting from the data processing, and is underscored by the GDPR data subject rights in which the data subject is informed about the “consequences” of profiling decisions.
Articles 13 and 15 cover the GDPR data subject rights and addresses the information to be provided to data subject upon personal data collection and--upon the GDPR data subject's request--both require disclosure of “the existence of automated decision making including profiling” along with “the significance and the envisaged consequences of such processing for the data subject.”
When we analyzed Natuvion customer’s current processing times to meet these GDPR requirements that cover GDPR data subject rights, to produce such report (in a useful format for a data subject) on this data, across heterogeneous landscapes, it takes a minimum of two months, and sometimes much longer. GDPR requires a response in one month.
This is where SAP Information Retrieval Framework helps. Schedule your one-day GDPR workshop so the Natuvion team can share how hundreds of other SAP customers use free SAP tools to meet these GDPR reporting requirements.
This new Data Privacy Framework replaces the EU Safe Harbor program but did not however embed protections against US law and policy on government surveillance. However, the GDPR and Privacy Shield and are now fully confirmed and enacted, transferring data across the Atlantic is still a challenging and complex legal procedure.
Preparing for the General Data Protection Regulation: A 'Wait and See' approach is going to be pricey for US organizations doing business with the EU.
What do Human Resources departments need to know about Data Protection Policy (GDPR) when using SAP HCM or SAP SuccessFactor systems?
The General Data Protection Regulation (GDPR) will be enforced from 25 May 2018, giving Human Resources (HR) departments just a few months to ensure that they have updated their processes for collecting and processing data about employees, former employees and job candidates.
Three important GDPR articles that HR needs to know now....
The GDPR sets very particular regulations on consent. With the new regulation coming in May 2018, companies need to be prepared for new GDPR consent mechanisms for their SAP test and QA systems. Anonymizing data in these systems make GDPR consent no longer mandatory. Natuvion's TDA tool offers a safe way to anonymize data so that it can be safely and rightfully used while expediting the process to full compliance and without the risk of facing GDPR fines.
What is a data registry?
In this workshop, Natuvion walks you not only through the requirements of creating a data registry for your company but in doing so also helps you find a way to comply with other GDPR articles. This includes an analyzation of the different basis of processing and grounds for deletion including many others that build the necessary information needed for a data registry.
Cross-border data transfers.
The GDPR allows for data transfers to countries whose legal regime is deemed by the European Commission to provide for an “adequate” level of personal data protection. In the absence of an adequacy decision, however, transfers are also allowed outside non-EU states under certain circumstances, such as by use of standard contractual clauses or binding corporate rules GDPR (BCRs).
Where do we find an experienced Data Protection Lawyer for GDPR?
For all GDPR work, our preferred lawyer is Benjamin Spies. Benjamin is an IT Lawyer and a partner, at SKW Schwarz.
Benjamin advises national and international companies mainly in the IT sector with the focus on data protection (GDPR), e-commerce, domain law, telecommunications and telemedia law.
The reasons we work with Benjamin are;
- Benjamin is located in Germany, however he is very familiar with the US, he graduated from a US high school and used to work for the award winning US law firm WilmerHale, he is also member of TerraLex and other large law firm networks with a US focus.
- Benjamin was the co-author on one of the first legal commentaries for the Federal German Data Protection Act.
- Benjamin has more than 10 years experience in IT law with a focus on Data Privacy & Security.
- A small sample of his clients are: Netflix, Expedia, Bosch, Addidas, Diamler , MediaSaturn Europes largest IT retailer.
The GDPR changes prospect and customer engagement rules.
The conditions for obtaining prospect consent are stricter under GDPR requirements, as the individual must have the right to withdraw consent at any time. There is also a presumption that consent will not be valid unless separate consents are obtained for different processing activities.
- Newsletters | This means you have to be able to prove that the individual agreed to a certain action, like receiving a newsletter for instance. It is not allowed to assume or add a disclaimer, and providing an opt-out option is not enough.
- Marketing and sales activities | Companies will have to review business processes, applications and forms to be compliant with double opt-in rules and email marketing best practices. For example in order to sign up for communications, prospects will have to fill out a form or tick a box and then confirm it was their actions in a further email.
- Audit Trails | Organizations must prove that consent was given in a case when the individual objects to receiving the communication. This means that any data held, must have an audit trail that is time stamped and reports information detailing what the contact opted into and how. It must also be possible to permanently delete data from your CRM systems.
- Purchase marketing lists | The company is responsible for getting the proper consent information, even if a vendor or outsourced partner was responsible for gathering the data.
- Trade Shows | In the corporate world, sales people meet potential customers at a trade show, they exchange business cards, and they add the contacts to the company’s mailing list when they come back to the office. In 2018, this will not be possible anymore. Companies will have to look at new ways of collecting trade show prospect information.
In the General Data Protection Regulation, the personal data definition is formulated very generally. Below, we list some examples. However, given the breadth of the regulation, it is not easy to list all the types of data that are considered personal.
The GDPR regulation applies to any kind of data concerning a determinate or determinable individual. Below we listed some examples we see at our customers but there are more;
- Personal employee data (name, address, date of birth, etc.)
- Information about customers, patients, clients (marketing databases, medical records, contact lists, any contact information)
- Data transferred to third parties (accounting books, credit registers, direct marketing)
- Non-public personal data of business partners and providers
- IP (Internet Protocol) addresses
- Cookie identifiers, or others such as Radio Frequency Identification (RFID) tags
- Camera records
- Iris scan
- User ID and passwords - access registration
- Smart meter data
- Biometric data
- Health data
- Membership of a labor organization
The best way to eliminate your risk is to anonymize the data in secondary systems. Anonymizing the data removes the need for data privacy consent and (with proof) removes the systems from GDPR compliance processing, while still providing the data for analysis or testing.