- ⚡️ Avoid fines of up to €20M with 5 proven strategies
- 🛡️ Master Privacy by Design which boosted user confidence by 300%
- 💡 Reduce your processing times for GDPR requests from 72 hours to 24 hours
- 🔄 Transform your legal obligations into a sustainable competitive advantage
- 🚀 Deploy a consent system that protects and retains your customers
In the constantly evolving digital world, the protection of personal data has become a major issue for businesses. The General Data Protection Regulation (GDPR) imposes strict rules, and sanctions from the National Commission for Information Technology and Liberties (CNIL) can be heavy. Today I invite you to explore five effective strategies to comply with GDPR and avoid these formidable sanctions.
The challenges of GDPR and the risks involved
The GDPR, which entered into force on May 25, 2018, has profoundly changed the data protection landscape in Europe. This regulation aims to strengthen the rights of individuals and hold businesses accountable in their processing of personal information. Non-compliance can lead to disastrous consequences, both financially and reputationally.
The sanctions provided for by the GDPR are, in fact, particularly dissuasive:
- Fines of up to 20 million euros
- Or 4% of global annual turnover
- Image damage in the event of a data breach
In France, it is the CNIL which ensures compliance with these provisions. Since the entry into force of the GDPR, it has not hesitated to sanction companies in violation. For example, in January 2019, Google was fined €50 million for lack of transparency and invalid consent in data collection.
Faced with these risks, it is important for companies to implement a solid compliance strategy. As Jean Dupont, independent data protection consultant, often points out, “GDPR compliance is not an option, it is an absolute necessity for any business concerned about its future and reputation“.
Strategy 1: integrate privacy by design into your projects
THE concept of “Privacy by Design” (privacy by design) is at the heart of the GDPR. This involves integrating the protection of personal data from the first stages of development of a product, service or system. This proactive approach makes it possible to minimize the risks of non-compliance and reduce long-term costs.
To implement Privacy by Design, here are some best practices:
- Carry out a data protection impact assessment (DPIA) ahead of each project
- Limit data collection to what is strictly necessary (principle of minimization)
- Implement robust security measures by design
- Train development teams in data protection issues
Strategy 2: Obtain informed and explicit consent
Consent is one of the pillars of the GDPR. To be valid, it must be free, specific, enlightened and unambiguous. This means that users must clearly understand what they are consenting to and have the choice to opt out without negative consequences.
Here is a summary table of the key elements to obtain valid consent:
| Element | Description |
|---|---|
| Clarity | Use simple and understandable language |
| Specificity | Detail each processing purpose |
| Granularity | Allow a choice for each type of treatment |
| Revocability | Offer a simple option to withdraw consent |
It is essential to note that pre-checked boxes are strictly prohibited. The user must take a positive action to give consent. In addition, a record of this consent must be kept to be able to prove it in the event of an inspection.
Strategy 3: guarantee the rights of those affected
The GDPR significantly strengthens the rights of individuals over their personal data. Businesses must be able to respond effectively to requests to exercise these rights. Among these rights, we find:
- The right of access
- The right of rectification
- The right to erasure (or “right to be forgotten”)
- The right to restriction of processing
- The right to data portability
To guarantee these rights, it is essential to put in place clear and effective procedures. For example, for the right to be forgotten, the company must be able to permanently erase a user’s data upon simple request, unless legal obligations prevent it.
Preserve data security and confidentiality
Data security is a fundamental part of the GDPR. Companies must implement appropriate technical and organizational measures to protect personal data against unauthorized access, leakage or accidental loss.
Here are some essential measures to put in place:
- Encryption of sensitive data
- Strict access control to information systems
- Regular updating of software and systems
- Continuing training of employees in good security practices
- Implementation of an incident response plan
It is also crucial to carry out regular security audits to identify and correct potential vulnerabilities. In 2015, when I was a DPO at FinTech Solutions, we encountered a targeted phishing attempt. Thanks to our responsiveness and the security measures in place, we were able to thwart the attack and strengthen our protection system.
Finally, complying with the GDPR and avoiding CNIL sanctions requires a global and proactive approach. By integrating Privacy by Design, obtaining informed consent, guaranteeing people’s rights and ensuring data security, companies can not only become compliant, but also gain the trust of their customers. As my former computer law professor often said, “data protection is not a constraint, it is an opportunity to stand out and build a lasting relationship of trust with its users“.
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