Are you feeling overwhelmed by GDPR enforcement and data privacy regulations? Are you concerned about the implications of big tech companies, such as Facebook and Instagram, on the data privacy of your customers? The recent fines imposed on Meta, formerly known as Facebook, of €210,000,000 for Facebook and €180,000,000 for Instagram has created a ripple of concern across the globe. I recently had the opportunity to visit with Jonathan Armstrong, partner at Cordery Compliance to explore the implications of this ruling and provide practical steps that organizations can take to ensure they are abiding by GDPR compliance. Be prepared to take a deep dive into the world of Cookie and Online Behavioral Advertising, and learn how to protect your customer data.
Armstrong outline the three steps you need to follow to also get compliance and transparency:
- Be transparent about how you handle personal data.
- Look at your legal basis for processing data.
- Look at any argument based on necessity carefully.
Be transparent about how you handle personal data.
Step 1 for GDPR compliance is to be transparent about how you handle personal data. In order to do this, organizations need to understand what data is being processed, where it is being stored, and how it is being used. Transparency is a core element of GDPR and companies need to ensure that they are providing clear information about their data processing activities to customers and other users of their services. Organizations need to look at the data flows to and from their services, as well as any third parties they are working with, in order to be fully transparent about what personal data they are collecting and how they are using it.
Companies should also look at the legal basis for processing data to ensure that it is compliant with GDPR. Furthermore, organizations should be careful to make sure that any arguments they make based on necessity are supported with evidence to prove that their use of data is necessary. Finally, companies should be aware of the potential risks of online advertising, particularly with big tech companies like Facebook and Instagram, and be cautious when booking online advertising campaigns.
Look at your legal basis for processing data.
Step 2 is to review the legal basis for processing data. To do so, you will need to go through your data processing activities and determine what the legal basis is for each of them. This can be done through a data inventory, which is a list of all the data you are collecting and using. This will help you to identify if you are processing data based on consent, contractual obligation, or some other legal basis.
Once you have identified the legal basis, you will need to make sure that the basis is GDPR compliant. This means that you must ensure that the legal basis is legitimate, freely given, and specific. You must also make sure that you are transparent with individuals about how their data is being used, that they have the right to access and control their data, and that you are providing adequate security for the data. Finally, you must ensure that you have the right processes in place to ensure that any data you are processing is done so in accordance with GDPR.
Look at any argument based on necessity carefully.
When looking at any argument based on necessity, it is important to look at it carefully in order to determine if it meets the requirements of GDPR. Necessity is defined in GDPR as the process of processing personal data necessary for the performance of a contract, or necessary for compliance with a legal obligation, or necessary for the purposes of legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject.
When analyzing an argument based on necessity, it is important to take into account the specifics of the situation, and to ensure that the data processing is indeed necessary for the purpose it is being used for. Additionally, it is important to consider the rights of the data subject, and to ensure that any processing of their data does not override their fundamental rights and freedoms. If the argument is found to be valid and necessary, it is important to ensure that the data is processed in a transparent and secure manner, in accordance with the GDPR requirements.
For more information, check the podcast I did with Jonathan on this topic on Life with GDPR. Check out Cordery Compliance here.
