Your company Just Ducky is planning to expand and sell products in the European market. The company's legal department informed your executive suite about legal and regulatory compliance required for the European market. You have been assigned to present upper management with information regarding GDPR compliance on the Cloud.
At a minimum, answer the following questions:
• What is GDPR?
• GDPR requirements
• Who has to comply?
• How a company using cloud service can comply with GDPR?
• GDPR violations
• Provide real examples of GDPR enforcements and penalties
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• What is GDPR?
GDPR stands for the General Data Protection Regulation. It is a comprehensive data protection law enforced in the European Union (EU) and European Economic Area (EEA) which came into effect on May 25, 2018. The GDPR aims to protect the personal data of EU citizens, providing them with more control over how their personal information is collected, processed, and stored.
• GDPR requirements
The GDPR sets out various requirements for the handling of personal data, including:
1. Consent: Organizations must obtain clear and explicit consent from individuals for processing their personal data.
2. Data Minimization: Only the necessary personal data should be collected and processed.
3. Right to Access: Individuals have the right to request access to their personal data and know how it is being used.
4. Data Security: Organizations must implement appropriate security measures to protect personal data from unauthorized access, loss, or theft.
5. Data Breach Notification: In the event of a data breach, organizations are required to notify the relevant supervisory authority and affected individuals within 72 hours.
• Who has to comply?
Any organization that processes personal data of individuals residing in the EU or EEA, regardless of whether the organization is based within or outside of the EU, must comply with the GDPR.
• How a company using cloud service can comply with GDPR?
When using cloud services, companies can comply with GDPR by:
1. Data Processing Agreements: Ensure there is a data processing agreement between the company and the cloud service provider, outlining specific terms and conditions for processing personal data.
2. Data Transfers: If personal data is transferred outside the EU or EEA, ensure appropriate safeguards are in place, such as using cloud providers with Privacy Shield certification, using standard data protection clauses, or obtaining explicit consent from individuals.
3. Data Security Measures: Implement strong security measures like encryption, access controls, and regular security assessments to protect personal data stored in the cloud.
4. Data Breach Procedures: Maintain clear procedures for detecting, reporting, and investigating data breaches in collaboration with the cloud service provider.
• GDPR violations
Violations of GDPR can result in significant penalties, including fines of up to €20 million or 4% of global annual turnover, whichever is higher. The penalties depend on the nature and severity of the violation.
• Provide real examples of GDPR enforcements and penalties
Real examples of GDPR enforcements and penalties include:
1. Google: In January 2019, Google was fined €50 million by the French data protection authority (CNIL) for lacking transparency and valid consent in its advertising personalization practices.
2. British Airways: In July 2019, British Airways was fined £20 million by the UK Information Commissioner's Office (ICO) for a 2018 data breach where personal data of approximately 500,000 customers was compromised.
3. Marriott International: In July 2019, Marriott International was fined £18.4 million by the ICO for a data breach that exposed the personal data of around 339 million guests globally.
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