Elvanto's GDPR readiness

What is the General Data Protection Regulation?

The General Data Protection Regulation (GDPR) is a new EU Regulation which will replace the 1995 EU Data Protection Directive (DPD) to significantly enhance the protection of the personal data of EU citizens and increase the obligations on organisations who collect or process personal data. It will come into force on 25th May 2018. The regulation builds on many of the 1995 Directive’s requirements for data privacy and security, but includes several new provisions to bolster the rights of data subjects and add harsher penalties for violations.

How is Elvanto preparing for GDPR?

Like many organisations, Elvanto has instituted a program to ensure it will comply with the EU General Data Protection Regulation (GDPR) well before the 25th May 2018 deadline. As well as reviewing and changing our internal practices, procedures and resources, we will be releasing a new GDPR specific privacy notice and reviewing and updating our relationships with our customers and suppliers. If you have any questions on how this might impact you, please contact us legal@elvanto.com.

Where does Elvanto store EU customer data?

Although the GDPR does not require us to store customer data in the EU, we have been doing this anyway by storing our EU customer data in Dublin, Ireland for a number of years now.

What should you do to be GDPR-ready?

If you are a church that stores the personal data of EU citizens, then you will need to also comply with the GDPR. If you are just getting started with GDPR compliance in your church or organization, here's a quick to-do list to keep in mind.

  • Create a data privacy team to oversee GDPR activities and raise awareness
  • Review current security and privacy processes in place & where applicable, revise your contracts with third parties to meet the requirements of the GDPR
  • Identify the Personally Identifiable Information (PII)/Personal data that is being collected
  • Analyze how this information is being processed, stored, retained and deleted
  • Assess the third parties with whom you disclose data
  • Establish procedures to respond to data subjects when they exercise their rights
  • Establish & conduct Privacy Impact Assessment (PIA)
  • Create processes for data breach notification activities
  • Continuous employee awareness is vital to ensure continual compliance to the GDPR

Learn more about the GDPR

Who does it apply to?

GDPR applies to any organization that works with the personal data of EU residents. This law introduces new obligations for data processors while clearly stating the accountability of data controllers.

Where does the GDPR apply?

This law doesn't have territorial boundaries. It doesn't matter where your organization is from — if you process the personal data of subjects of the EU, you come under the jurisdiction of the law.

What are the penalties for non-compliance?

A breach of the GDPR incurs a fine of up to 4% of annual global turnover or €20 million (whichever is greater).

Who are the key stakeholders?

  • Data subject - A natural person residing in the EU who is the subject of the data
  • Data controller - Determines the purpose and means of processing the data
  • Data processor - Processes data on the instructions of the controller
  • Supervisory authorities - Public authorities who monitor the application of the regulation

What is personal data or Personally Identifiable Information (PII)?

Any information relating to an identified or identifiable natural person. The identifiers are classified into two types: direct (e.g., name, email, phone number, etc.) and indirect (e.g., date of birth, gender, etc.).

What are the key changes from the previous regulations?

New & enhanced rights for data subjects - This law gives an individual the right to exercise complete authority over their personal data. Some of the rights highlighted in the regulation are:

  • Explicit consent: Data subjects must be informed about how their personal data will be processed. Organizations must make it as easy for data subjects to withdraw their consent as it is to grant it.
  • Right to access: At any point in time, the data subject can ask the controller what personal data is being stored or retained about him/her.
  • Right to be forgotten: The data subject can request the controller to remove their personal information from the controller's systems.
  • Data portability: The controller must be able to provide data subjects with a copy of their personal data in machine readable format. If possible, they must be able to transfer the data to another controller.

Obligations of the processors - GDPR has raised the bar for the responsibilities and liabilities of data processors as well. Processors must be able to demonstrate compliance with the GDPR and they must follow the data controller's instructions.

Data Protection Officer - Organizations may need to appoint a staff member or external service provider who is responsible for overseeing GDPR, general privacy management compliance and data protection practices.

Privacy Impact Assessments (PIA) - Organizations must conduct privacy impact assessments of their large-scale data processing to minimize the risks and identify measures to mitigate them.

Breach notification - Controllers must notify the stakeholders (the supervisory authority, and where applicable, the data subjects) within 72 hours of becoming aware of a breach.