Canada: Countdown To GDPR - What To Do In July And August 2017 (Video)

Transcript

Sally Mewies: So Rocio and I have been working on a General Data Protection Regulation (GDPR) compliancy checklist to help businesses get ready for GDPR in May 2018. It's just about 12 months now to launch and we decided that it would be really helpful if we set out some of our thoughts in terms of what you do over the next 12 months to really make sure that your business is ready for the launch of GDPR. We all know there's a lot to do and we decided to look at this on a month by month basis. So that if you have already done a bit of work on GDPR compliancy, then this will help you just to check that you've done the things you need to do. If you've done nothing at all, hopefully you're not one of those business, but if you've done nothing at all, then this should prove a useful countdown for you in terms of getting ready for GDPR in May next year.

So, we're going to start Rocio aren't we with July and August, do you want tell us what you should be doing for July and August?

Rocio De La Cruz: A good starting point would be carrying out a data mapping exercise, so in the businesses there are a lot of obviously personal data processed and you need to understand the flow of data, you need to know what kind of personal data you are processing, you need to know where it is stored, you need to know who is accessing to that data. Also in order to do it properly I think it is very important to get some stakeholders across the businesses involved in that exercise, so they can give an overview of the processing of personal data in practice.

And this takes time. If you  don't have a policy implemented already then there is a lot of processing of personal data that is not crossing desks for review or has not been approved and it needs to be identified. We think it is a very good starting point to do it in July.

Sally: Yeah and the data mapping is important isn't it Rocio because there's a lot more complexity to GDPR than our old data protection regime and unless you understand what you are doing with data right now then you can't hope to be compliant for May next year.

Rocio De La Cruz

: Absolutely, for example just one simple thing and that would be minimisation and try not to process more data than you really need to process for the purposes for which you need to process the personal data. It sounds very simple, but if you think about it in practice everybody is collecting and storing more personal data than they need by default, as a practice and just identifying what you really need as necessary and the purposes for which you need that is just a big task.

Sally: And what do you think about doing presentations to key stakeholders in the business so they understand the main points of GDPR?

Rocio: I think that is a very very good practice to do because not only in terms of awareness but because like I said when you talk to them and you get them involved they get a better knowledge of what they should be doing. But also they give you a lot of information with regards to how the personal data is being processed in practice, which is a very key point to actual compliance. So definitely doing these sort of presentations to them are very helpful.

Sally: And some aspects I think of GDPR require a lot of support from IT systems, you might say that was true of the Data Protection Act, but it seems to me that there is a huge amount where you need strong IT systems to be able to be compliant. So I think undertaking an IT audit as well in the context of processing of personal data is a really helpful exercise as well, do you agree?

Rocio: I would even say that it's crucial because you need to keep the data secure so this is something that is not new as we know, but now considering the fines and the risks you are facing, you really need to make sure that the data is kept secure and that you have appropriate security IT systems. But also there is a lot of IT or cloud solutions used across the businesses but they don't cross their legal desk for review, but now it would increase the risk in the organisations and they need to be reviewed. And also if you are thinking about contracting new providers you need to undertake an audit and perhaps depending on the nature of personal data that you are processing, you even need to carry out a data protection impact assessment and in terms of budget to assess whether or not you can afford the IT systems and if not, what solutions you can put in place instead of that one and again that takes a long time so. 

Sally: And then just moving on now to August Rocio...more mapping, is that what we need really in August a continuation of the mapping?

Rocio

: Yes I think that if you are, if you have the ambition to do the whole exercise in one month, in practice we are seeing that this is not a reality, so you really need time. So I think that it is a good starting point just identifying what data you use and who accesses it. But then, once you've got that you need to identify the purpose for which you need to use that data. If or whether or not you are going to use that data for additional purposes, in order to assess what conditions or what legal conditions you can rely on in order to process that data. So it's time to review what conditions you are relying on now and it's time to put that together with Article 6 and Article 9 of the GDPR to make sure that you can still process that data on a legal basis.

Sally: And just moving on in August you should really just be doing some due diligence around some of your commercial contracts as well I think shouldn't you, so that you are starting to understand the landscape in terms of data processes that are engaged by the business. Do you want to talk a little bit more about that, in terms of what needs to be done to fulfil obligations around that?

Rocio

: Yes sure, in terms of contracts it is very important that there are a lot of changes now that they need to be considered and also they need to be renegotiated with your data processors, so the data processes that are used by the businesses and there are a lot of obligations placed on processors now, but also that doesn't mean that the controller is not going to be responsible for processing or for engaging a processor. So there are a lot of requirements stated in Article 28 of the GDPR with regards to contracts if you are engaging a data processor and the first of it is that you need to make sure that the data processor complies with all the requirements in the GDPR. But also there is a lot of clauses that you need to include as a mandatory thing because it is stated in Article 28. This is implying or is causing a lot of changes in the way that you negotiate contracts with processors. So if you don't have them in place by May 2018 then again this would be a breach of the GDPR. So definitely you need time to negotiate and to review all contracts and also in practice in some big enterprises they have a lot, a huge number of contracts in place and then it takes time to assess what contracts need an immediate review, because for example the nature of the personal data this processor is accessing to is sensitive personal data or because the IT system needs to be developed.

Sally: The other aspect, the other thing you need to be starting to look at is before August is a review of your commercial contracts, because where you have commercial contracts under which you have appointed a data processor, then there are requirements under GDPR to ensure that those contracts comply with certain stipulated conditions. They won't be compliant for May next year because the law has changed from the Data Protection Act to GDPR, so you need to do an exercise around reviewing and understanding what's going on in those contracts. Have you got any thoughts Rocio on how you might go about doing that?

Rocio: Yes and in practice it is very difficult to try to get all the contracts sorted out for May 2018. So I think it's an important exercise to do is doing a privacy impact assessment to identify the risks. So for example if a processor is processing employee personal data or sensitive customer personal data or a large scale of personal data, then perhaps of the risks of not having the clauses that have been implemented in the contracts and Article 28 of the GDPR in place, places the organisation in a higher risk. So I think the first exercise is to understand and identify what contracts require immediate action, in order to negotiate either the clauses or further development of the IT systems if they are required and all the sorts of things that make you re-compliant with the GDPR.

Sally: So I think what we are saying on that is you need to be doing something, if you did nothing at all and didn't even make an attempt to make sure that your commercial contracts are compliant then the Information Commissioner's Office (ICO) regulator may take a dim view of that. But I think there is an acceptance that it is very unlikely that every single contract that a business has will be compliant with this provision by May 2018. So it's a bit about taking a proportional and risk based approach, doing what you can do. As you say doing a privacy impact assessment to identify any high risk areas and trying to plug those gaps. We think, don't we Rocio, that if you've done all of that and you've been sensible in your approach the regulator probably isn't going to be too harsh on you, although this is an area where you could be subject to a fine for not having the right clauses in the contract.

Rocio: I feel like that is kind of a tricky thought because on one hand I have been in lectures where I heard that we are lucky we've got a sensible ICO here in the UK, but obviously I cannot put ICO's words ... but yes I think it makes all the sense to think that if you do all that you can, you keep records of all the decisions you take and again you are doing risk assessments, you are focusing on protecting the privacy of the individuals in those agreements or contracts where the risk is higher and you comply with all the requirements if a privacy impact assessment is mandatory and if there is still a risk you need to have a consultation with the ICO for that particular risk. So I think if you do all of these steps obviously I believe that the ICO would be much more sensible.

Sally: Good thank you and that's all for July and August.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
In association with
Related Topics
 
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions