Cayzu’s Commitment to Complying with GDPR

Introduction

On May 25th, 2018, the European Union’s (EU) new data protection framework, the General Data Protection Regulation (GDPR), will come into effect. It is the most significant piece of data protection legislation to date and will impact any organization that processes personal data in connection with goods/services offered to an EU resident, or monitors the behavior of persons within the EU. The GDPR strengthens individuals’ privacy rights through tighter limits processing of their personal data, significantly expanding their rights over their data, and providing increased transparency into the nature, purpose, and use of it.

Cayzu’s Commitment to Data Protection and GDPR Compliance

Cayzu understands the importance of putting privacy and data protection in the hands of the data subject. As with other data protection laws, GDPR compliance requires commitment from both Cayzu and our customers. Cayzu will be in compliance with the GDPR by May 25th, 2018 and Cayzu’s services already include the functionality necessary for our customers to comply with the GDPR’s consent requirement. We have carefully examined the relevant provisions of the GDPR and we are closely tracking applicable GDPR guidance issued by regulatory authorities. These steps are helping us to develop tools for our customers relevant to GDPR-compliant use of Cayzu’s services.

GDPR Overview

As a regulation instead of a directive, the GDPR becomes enforceable as law in all EU member states simultaneously on this date and replaces the separate member state implementations of data protection law, streamlining compliance by providing a single set of principles to follow.

The scope of this new regulation encompasses all organizations that process the personal data of EU residents or monitor individuals’ behaviors conducted within the EU, regardless of the entity’s location. The terms processing and personal data are defined broadly: processing involves “any operation or set of operations which is performed on personal data” and personal data means “any information relating to an identified or identifiable natural person (‘data subject’).” The GDPR outlines different requirements for Controllers (entities who determine the purposes and means of the processing of personal data) and Processors (entities who process personal data as directed by a Controller).

Key GDPR Compliance Requirements

The GDPR will change the way organizations collect data, as well as how they obtain, document, and manage the legal basis for processing. Below is an overview of some of the key GDPR requirements.

 

Key Requirements

Description

Data Protection by Design and DefaultControllers and Processors must incorporate data protection into new products and services that involve processing of personal data (Design) and consider data protection issues in all business decisions (Default).
Lawfulness of ProcessingProcessing must be based on consent, performance of a contract, legal obligation, protection of vital interests, tasks carried out in the public interest, or legitimate interest balanced against the fundamental rights of data subjects.

Conditions for ConsentRequests for consent must be freely given, specific, informed and unambiguous by a statement or by a clear affirmative action.
Security of ProcessingControllers and Processors shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk.
Data Subject Rights & InformationControllers shall provide the information outlined in Articles 13 & 14 to Data Subjects and Data Subjects may access, correct, delete, restrict processing of, and transfer their personal data, as well as object to automated decision-making based on their personal data.
Data InventoryControllers and Processors must create centralized repositories containing records of processing activities carried out on personal data.
Data Protection Impact AssessmentsWhere a type of processing is likely to result in a high risk to the rights and freedoms of natural persons, prior to processing Controllers must carry out assessments of the impact of the envisaged processing operations on the protection of personal data.
Data Protection OfficerControllers and Processors whose core activities consist of processing operations which require regular and systematic monitoring of data subjects on a large scale or large scale processing of special categories of data must appoint a Data Protection Officer.
Controller-Processor RelationshipsController and Processor relationships must be governed by binding contracts that set the terms of the processing to be performed and provide Controllers the right to object to Sub-Processors engaged by the Processors.
Data Breach ReportingIn the event of a breach involving personal data, the Controller shall, where feasible, notify the relevant Supervisory Authority within 72 hours after becoming aware of it and, if there is a likely high risk to the rights and freedoms of natural persons, the affected data subjects without undue delay.

 

Suggested Steps for GDPR Compliance

There are a variety of steps that companies should take in anticipation of May 25th, 2018, some of which include:

  • Form a GDPR compliance team and assign responsibilities
  • Undertake a GDPR readiness assessment
  • Evaluate requirements for a Data Protection Officer and appoint one if necessary
  • Implement policies and procedures to respond to data subjects’ rights requests
  • Review and update processor and sub-processor agreements
  • Create a record of personal data processing activities
  • Obtain, document, and maintain a legal basis for each processing activity
  • Update privacy and security policies and procedures
  • Update data breach notification protocols