GDPR compliance requirements: what it means for your business

For data privacy professionals, it is impossible to overlook the GDPR. Established in 2016 and fully enforced on May 25, 2018, the General Data Protection Regulation (GDPR) replaced the Data Protection Directive, introducing stricter penalties for non-compliance.

Independent supervisory authorities (SAs) were appointed to monitor regulatory practices among EU member states and enforce these penalties.

The GDPR has set the standard for global data governance due to its comprehensive framework. Complying with its requirements not only ensures legal alignment but also strengthens data privacy programs, building trust and future-proofing your organization.

What are GDPR compliance requirements?

GDPR requirements include obtaining explicit consent, upholding data subject rights (access, rectification, erasure, portability), appointing a Data Protection Officer (if needed), conducting Data Protection Impact Assessments, notifying breaches within 72 hours, and maintaining detailed processing records.

What are considered GDPR requirements?

GDPR compliance means adhering to all legal, operational, and procedural mandates outlined in the regulation. Key requirements include:

• Obtaining explicit consent: Secure unambiguous consent for data processing, providing clear information on how data will be used.
• Upholding data subject rights: Facilitate rights like access, rectification, erasure, and data portability.
• Conducting data protection impact assessments (DPIAs): Assess the potential impact of high-risk data processing activities.
• Appointing a DPO: Designate a Data Protection Officer to oversee compliance, where applicable.
• Implementing breach notifications: Notify supervisory authorities of data breaches within 72 hours when necessary.
• Maintaining processing records: Keep detailed records of all data processing activities.

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The background of GDPR compliance requirements

The GDPR establishes a uniform approach to securing the personal data of EU residents. Cyber lawmakers in Europe created this extensive act—comprising 11 chapters and 99 articles—to uphold the rights of data subjects.

Organizations worldwide have reevaluated their data governance strategies to meet the stringent GDPR requirements and avoid substantial penalties. The appointment of Data Protection Officers (DPOs) with expertise in GDPR compliance has become increasingly common.

Collaboration among various organizational roles is essential for meeting these requirements. Ultimately, the GDPR ensures consistent and reliable protection of EU consumers' data, even across complex data networks.

What is GDPR, and why is it important?

The GDPR provides a robust framework for organizations to align their data governance strategies with industry best practices. Many privacy professionals compare GDPR to the California Consumer Privacy Act (CCPA), as both focus on safeguarding human rights and impose penalties for non-compliance. However, GDPR’s global influence and detailed requirements make it a benchmark in data privacy.

Read more: GDPR vs CCPA

The 7 GDPR principles

The GDPR’s foundation lies in seven principles that guide compliance efforts. These principles ensure a streamlined and effective approach to data governance:

1. Lawfulness, fairness, and transparency: Companies must process personal data based on valid legal grounds, ensuring transparency in communications with data subjects.
2. Purpose limitation: Data collected should serve specific, explicit purposes and not be repurposed without consent.
3. Data minimization: Organizations should only collect data strictly necessary for their specified purpose.
4. Accuracy: Companies must maintain accurate personal data and provide opportunities for subjects to correct inaccuracies promptly.
5. Storage limitation: Personal data should only be retained as long as necessary to fulfill its original purpose.
6. Integrity and confidentiality: Organizations must implement robust security measures to protect personal data against unauthorized access, loss, or damage.
7. Accountability: Companies are responsible for demonstrating compliance through appropriate documentation, processes, and technology.

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Is GDPR compliance mandatory in the USA?

While GDPR is an EU regulation, its reach extends globally. U.S. companies must comply with GDPR if they:

• Offer goods or services to EU residents.
• Monitor the behavior of EU residents.

Non-compliance can lead to severe penalties, making adherence critical for U.S. businesses engaging with EU residents.

Read more: Does GDPR apply to US companies?

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How to determine if your company falls under GDPR

To assess whether your organization must comply with GDPR, consider its material and territorial scope:

• Material scope: Article 2 defines processing activities, including automated and manual handling of personal data forming part of a filing system.
• Territorial scope: GDPR applies to companies operating within the EU or processing the personal data of EU residents.

Read more: How do you know if you are GDPR compliant?

When SeatGeek increased their European customer base, it needed an improved GDPR compliance solution that would keep pace with its growing business. They turned to Ketch for a solution.

“We needed a fast, easy-to-deploy privacy solution and Ketch delivered on that promise. Onboarding was straightforward thanks to their qualified, hands-on customer experience team.”

‍Tim Janas, Senior Corporate Counsel, SeatGeek

GDPR compliance checklist

A tailored GDPR compliance checklist helps organizations align their processes with the regulation’s requirements. Here are some key steps:

1. Build an actionable plan around the 7 GDPR principles

Use the GDPR principles as a framework to create data governance goals that emphasize security by design and default. Incorporating these principles ensures data protection is integrated into every stage of the data lifecycle.

2. Implement data protection impact assessments (DPIAs)

Conduct DPIAs for new, high-risk processing activities to proactively address potential data protection issues. Use structured risk assessment tools to evaluate and mitigate risks effectively.

3. Optimize consent management

Consent management is a significant aspect of GDPR compliance. Establish clear, user-friendly processes for obtaining explicit consent. Ensure consent requests are transparent and allow subjects to make informed decisions.

Read more: GDPR compliance checklist

Adhering to GDPR compliance requirements is crucial for organizations that handle EU residents’ data. By aligning with its principles, implementing effective governance programs, and proactively addressing compliance challenges, companies can safeguard personal data, avoid penalties, and build trust with their users.

How Ketch can simplify GDPR compliance

Ketch simplifies GDPR compliance by automating consent management, handling data subject rights requests, updating privacy policies, and ensuring real-time compliance.

It integrates with existing systems, providing audit trails and reducing manual effort to maintain GDPR alignment.

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GDPR's extraterritorial reach means that U.S. companies engaging with EU residents must carefully assess their data processing activities and implement robust data protection measures to ensure compliance.

Failure to do so can result in substantial fines and reputational damage. By understanding the regulation's requirements and taking proactive steps, U.S. businesses can navigate GDPR effectively while fostering trust with their customers.

Next Step: Achieve GDPR compliance with Ketch

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