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Why does every business need to comply with GDPR?

Apart from the GDPR being the most influential personal data law that companies must adhere to functioning within the borders of the EU, there are other reasons why companies should comply with it. Whether you are only starting or already have a big audience, compliance with GDPR will show your customers that you genuinely care about them and their privacy.

What is GDPR?

GDPR or General Data Protection Regulation is aimed to protect and regulate the use of the personal data of EU citizens. It applies to every company that gathers information from the people living in the European Union, whether it is registered in or outside the EU.

Companies that fail to comply with GDPR are liable to a set of fines or other forms of punishment.

Who must comply with GDPR?

Every company that gathers and processes personal data on the EU territory and of the EU citizens is responsible for GDPR compliance. Every global business that offers its services to the EU market must comply with the regulation, even if those services are provided free of charge.

However, if you are not gathering the personal data of EU citizens for “professional or commercial activity,” you cannot be considered liable for GDPR compliance.

What benefits GDPR compliance provides?

A lot of businesses think about GDPR compliance as a mere responsibility before the law. However, it can give much more than that.

  1. You will have your data organized and protected.

Having the obligation to follow GDPR will make you rearrange the processes around your data processing. The best way to do this is to create a position of the data controller that will have a look at the data you have and organize it in a way, so it is never lost. It will not only let you find everything more easily but also protect the personal information of your clients.

  1. You will improve your relationship with your customers…

Now more customers are aware that their information is gathered anytime they are surfing the Internet. With this awareness comes the fear to lose personal data to a third party that can use it without their permission for various personal cases. If you clearly describe how and why you gather their information, customers will feel more trust towards you in return.

  1. … as well as increase your business reputation.

A business reputation consists of many different things and the way you treat data and the law also positions you on the market. The more organised and secure your data processing is, the more stable you seem as the company for the other businesses.

7 Steps to GDPR Compliance

It is never too late to start taking care of your data processes. There are simple steps you can take to be sure that your online business is GDPR-compliant.

1. Know your data collection processes. Know your transfers (including Data Inventory)

If your data gathering is hectic and out of order, there is no way that you will be able to make sure your GDPR compliance is properly. If you have been gathering data for some time and are not aware of how this process works in your company, it is the first thing you should do. If you are only starting, you should make sure that your data collection processes are laid out properly and lead to secure and functional data processing.

2. Appoint a data controller. Create a Data Register - the document where you can keep records

You might not even be aware of how much data you can collect and how much effort will have to be put into its organization of it. Luckily, there are some ways to help yourself with this process.

  • Firstly, you can appoint a data controller - a person whose primary responsibility will be to collect and keep track of all data you receive, monitor the processes in case of data breaches and report on the performance and security.
  • Secondly, you can lead a Data Register - the document where you can keep records on how your company is compiling to the GDPR. You can include such things as the data processing flow, the security measures and the Privacy Policy updates in the document.

3. Create a plan in case of a data breach

A data breach can happen to the best of us, but what matters is how we react to it. Firstly, to prevent a data breach you should make sure that the data you collect is as secure as possible. You can never care about security too much, especially since technology is evolving at a rapid speed.

Then, you will benefit from the precise plan in case a data breach happens. The data controller or the team responsible for data collection should report on the data breach when they just notice it.

4. Be honest and clear about why you need data

One of the main requests GDPR has for the companies is to gather informed and conscious consent from the data owners. Informed consent is possible only if you provide the visitors of your website with information on what data you collect (like emails, names, phone numbers or IP addresses) and why you do this (for advertising or analytics purposes). You can encourage them to read your Privacy Policy before agreeing to be included in the email newsletter or cookie collection. Also, you must give your visitors the right to decline an invitation or sign off on the newsletter at any time.

5. Integrate age verification

Although this point is very connected to the previous one, we decided to talk about it separately. Conscious consent to gather data can only be taken from grown-ups that can take responsibility for their choices. Make sure to ask your customers that they are above 16 as GDPR permits data collection only from individuals of at least 16 years old or above.

6. Keep your Privacy Notice updated

GDPR updates don’t happen that often, but when they do, you must change your documents accordingly. Privacy Notice that you place on the website should always be up-to-date. The document must contain all processes connected to your data collection processes, like what information you gather, how you use it or for how long you store it.

7. Be careful with third parties

Even though your data collection processes might be the most organized, you should always mind that third parties might gather the data from your visitors as well. If they are using this information without consent, it will make you also responsible for providing them with the platform. Be aware of how third parties you use, like analytics or email marketing services, collect and process users' data.

Where to start

The most important is the first step — understanding your data processes. It lands the base for everything else and allows you to organize your data in the best way possible. It doesn’t matter if you're only starting to acknowledge GDPR compliance or want to finally place your databases in order, you would need to go through the analysis and organizational phase.

At AVITAR, we help online businesses get their data processes in order and comply with the GDPR and other appropriate regulations. If you need help with organizing your processes and adapting to the regulations, you can contact us and we will arrange a consultation with one of our specialists.

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business@avitar.legal

Authors:

3.30.2023 15:15
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