Top 10 GDPR Compliance Mistakes and How to Avoid Them

Understanding GDPR Compliance

General Data Protection Regulation (GDPR) is crucial for businesses operating in the UK and EU. Non-compliance can lead to heavy fines and damage to your reputation. Here are the top 10 GDPR compliance mistakes and how you can avoid them.

1. Know your data

Many businesses fail to map or record their data properly. Without knowing what data you have, the type of data, where it is stored and secured, compliance becomes impossible. Create a detailed data map or record to stay on top of your data.

2. Lack of Lawful Basis for Data Processing

You need to know if you can lawful collect, store and process personal data. Are you relying on contract, legal requirement, consent etc. For example consent is often relied upon. However, failing to obtain proper consent from users can lead to monetary penalties. Make sure your consent forms are clear and easy to understand. Always keep records of consents and regularly refresh or update them.

3. Inadequate Data Protection Policies

Some businesses do not have data protection policies. Many companies publish their Privacy Policy and Cookie Policies on their websites. These policies may need updating. A lack of internal policies can expose you to unnecessary risks. Develop and implement strong data protection policies. Regularly review and update them.

4. Not Appointing a Data Protection Officer (DPO)

Businesses often overlook the need for a DPO. A DPO helps you stay compliant and manage data protection activities/complaints. Appoint a qualified DPO to guide your compliance efforts. In some businesses, having a DPO is a legal requirement. The ICO has a simple test which can help you. If you have a DPO be sure to inform the ICO.

5. Failing to Register with the ICO to Process Personal Data

If you are processing personal data and fail to register with the ICO you may be fined. The current fine is £4350.

6. Failing to Conduct Data Protection Impact Assessments (DPIAs)

DPIAs are essential for identifying risks related to data processing. Conduct these assessments regularly to mitigate risks. Document your findings,  actions taken and actions not taken. It is always best practice to record the steps you have taken, everything you have considered, the impact on individuals, new software, technology used, the reasons why and actions not taken.

7. GDPR Training

GDPR came into effect on 25th May 2018, so hopefully everyone in your organisation has heard of GDPR. The Data Protection Act 2018 also came into effect on the same day and supports GDPR. Employee training and awareness is a requirement in the regulations. Ensure your staff can recognise a data breach and know who to report it to.

Well trained employees can ensure your customers trust your organisation with their data.

8. Overlooking Data Subject Rights

GDPR grants several rights to data subjects, such as the right to access and the right of erasure (also known as the right to be forgotten). Ensure you have processes in place to handle these requests promptly and efficiently. GDPR provides a statutory deadline and failure to comply may lead to complaints to the ICO.

9. Information Security

If you are collecting and processing personal data, it is a legal requirement to keep that data safe and secure. This sounds easy but in today's world there are many people trying to access your data. This maybe for their competitive advantage, like stealing your customers. It may be to cause disruption, hold your data for ransome or to put you out of business. Good information security takes many forms from training employees, controlling access to computer systems and ensuring your IT team utilise cyber security settings to protect your data. 

10. Ignoring Third-Party Risks

Third-party suppliers and contractors can pose compliance risks. Ensure that your suppliers and contractors also comply with GDPR can greatly mitigate these risks and prevent data breaches. Include data protection clauses in your contracts, conduct a simple audit or ask your suppliers to comply with a code of conduct.

If all of this feels like an unnecessary headache, why not  engage a legal, GDPR specialist to help. We have many simple and cost effective solutions to help your business grow and let you relax.