GDPR

Xiarch Solutions commences General Data Protection Regulation (GDPR) compliance services. GDPR has been designed to fortify data privacy across India. With GDPR compliance consulting, we are committed to reshaping the approach of organizations towards data privacy.

The General Data Protection Regulation (GDPR) is a data privacy regulation that primarily safeguards EU citizens data no matter where its stored in the world and by whom.

The General Data Protection Regulation (GDPR) is a data privacy regulation that primarily safeguards EU citizens data no matter where its stored in the world and by whom.

What is “personal data”

The concept of "personal data" has been defined in GDPR to refer to any information relating to an identified or identifiable natural person (i.e. "Data Subject"). An identifiable natural person is one who can be identified in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person, and therefore all such information is considered as 'personal data' under the GDPR.

For Indian companies dealing with such 'personal data' of EU residents, it then becomes imperative to implement the data protection requirements stipulated in GDPR within their systems. The GDPR is compulsory for organisations as it helps to put governance and measures to manage and process personal data. Non-compliance with the GDPR can result in fines of up to 4% of an organisation’s annual global turnover. Data subjects are also afforded the right to compensation.

AWARENESS

This indicates that being a company (or organization), one must make sure that they are well aware of all the changes coming up and what do the changes mean to you.

  • Now there should be no area to be handled solely by just one person taking on the full responsibility. So, the complete support and engagement of Board and Senior Management Team is essential.
  • Keep in consideration all resources and procedural implications of setting up an effective and robust governance team (data) for any organization.
  • GDPR needs to be added into organization’s risk register as now corporate risk management incorporates both privacy as well as data security.

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CONSENT

This feature is regarded as important so as to make sure that individuals have better control and have proper understanding of data processing methods to be employed. This provides a means of giving individual’s stronger rights on the basis of processing.

  • The consent to be obtained must be very specific, unambiguous, given freely and well informed.
  • There must exist an agreement indicating positive indication with data controllers having enough evidence to know that consent is already given.
  • Consent can be taken by providing a checkbox on an internet website which is not ticked by default.

DATA SUBJECT

A data subject is a living, identifiable individual to whom particular personal data relates. If you process their data, the GDPR requires you to meet certain obligations towards

Under the GDPR, individuals can exercise:

  • The Right to be Informed : Individuals have the right to be informed about the collection and use of their personal data.
  • The Right of Access : Under the GDPR, data subjects have the right of access to personal data
  • The Right to Rectification: Data subjects can ask data controllers to erase or rectify inaccurate or incomplete data.
  • The Right to Erasure: Under the GDPR, individuals have to right to ask you to delete their personal data under certain rules and circumstances
  • The Right to Restrict Processing: Individuals can ask you to restrict processing their personal data under certain rules and circumstances
  • The Right to Object to Processing: if you rely on lawful bases of public interest or legitimate interests for processing, individuals may have a right to object to such processing.
  • The right to not be Evaluated Based on Automated Processing: Under the GDPR, individuals have the right not to be subject to a decision that is based solely on automated processing and which significantly affects them (eg profiling for jobs, insurance premiums etc).

WIDER SCOPE

GDPR would have an effect from geographic and procedural stand-points with new and far areas.

  • Data processors would have to follow certain compliance obligations as they come under the GDPR scope.
  • Even organizations operating outside IN and having target market of IN citizens would have to comply with GDPR.
  • If someone has IN presence or in some way processes data of IN citizens, would have to nominate a representative in a particular member state.

IMPACT

Today's technology is much different than it was 20 years ago. No one could have predicted how the Internet, smartphones and the widespread use of social media applications such as Facebook and Twitter could have global implications.

As a Regulation, the GDPR enacts a uniform data security law across the IN. Each IN country will no longer need to pass their own legislation for data security; the GDPR will be the guiding law. However, IN countries can still regulate certain types of data such as health data.

POTENTIAL RISKS

If you are currently doing business in the IN, you may already have privacy processes and procedures in place. But will these hold up to the new GDPR regulations and requirements? For instance, the GDPR has set a higher standard for consent. To ensure that your business is GDPR compliant, it is essential that you review your consent policies and procedures to verify that these meet the new higher standards.

The risk to your company? Non-compliance with the GDPR can result in fines of up to 4% of an organisation’s annual global turnover. Data subjects are also afforded the right to compensation.

Interested in our GDPR Compliance Audit ?

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