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How to comply with the RGPD?

Find out in this article how to comply with the RGPD to make your collections in all legality.
Rédigé par David Lefèvre
être en conformité avec le RGPD
Table des matières

Data collection is essential to the successful development of a company. In fact, it enables it to answer relevant questions or analyze results. But regardless of its needs, the company must comply with the RGPD or General Data Protection Regulation for this. But how exactly do you comply with the RGPD ? Find out in this article.

RGPD: What is it?

The RGPD, or General Data Protection Regulation, is a European Union regulation that came into force on May 25, 2018. It aims to strengthen and unify data protection for EU citizens, as well as the way companies and organizations process and manage this personal data.

Key principles of the RGPD:

  • Personal Data Protection: The RGPD defines personal data as any information relating to an identified or identifiable natural person (the “data subject”).
  • Consent: It strengthens the conditions required to obtain clear and explicit consent from individuals for the processing of their personal data.
  • Individual rights: It grants individuals several rights, such as the right of access, the right of rectification, the right to erasure (“right to be forgotten”), the right to processing limitation, the right to data portability, and the right to object.
  • Responsibility and Transparency: Organizations must be transparent about how they collect, use and protect personal data, implementing appropriate security measures.
  • Penalties:The RGPD introduces severe financial penalties for non-compliance, of up to 4% of annual worldwide sales or 20 million euros (whichever is higher).

Application and Impact

The GDPR applies to all companies and organizations that process personal data of EU residents, regardless of where the company is located. This includes European companies as well as those located outside the EU, if they target or process the data of EU residents.

What steps need to be taken to comply with the RGPD ?

Knowing what data to collect

It’s essential to know what data you’re collecting before anything else. Among the most frequently requested information, we can mention : the name, e-mail, your IP address, gender, age… of your prospects. But you also have the option of requesting more personal data, such as their religion or health.

Appoint a data protection officer

The appointment of a data protection delegate is an obligation, particularly in order to comply with the RGPD. Indeed, his role is to oversee the data protection strategy. But not only that, he or she must be able to confidently advise controllers, monitor data processing, etc.

Editing an RGPD log

An RGPD log, or data register, contains the practice of RGPD compliance that an organization carries out. It typically highlights the flow of data and will serve as proof of compliance during an audit.

Taking stock of your data collection needs

It’s essential that you define your needs in terms of data. After all, you only need to collect the data you absolutely need. The fact is, the accumulation of sensitive data for no reason at all will alert the authority monitoring your compliance.

Real-time reporting of data breaches

You are required to notify the data breach immediately to comply with the RGPD. In fact, this procedure must be initiated within 72 hours of such an act by data controllers or processors.

Be transparent about the reasons for data collection

Always keep your customers informed of all the data you collect about them. In the event that you collect data surreptitiously, this will result in a heavy non-compliance fine.

Include a double opt-in for new registrations

The double opt-in process is essential to know that your subscribers have consented to subscribe to your mailing list. And even if it’s not a requirement to comply with the RGPD, this system is nevertheless highly recommended.

Update privacy policy

Your privacy policy must be up to date and accessible on your site. It must be specified and compliant with the RGPD. So, to be sure, seek legal advice before making it. For this, you can call on a independent lawyer on BeFreelancr. And don’t forget to inform your customers of any changes. 

Assess all third-party risks

Zero risk doesn’t exist, but you can minimize it as much as possible. To do this, it’s important to carry out an ongoing assessment with a security score by UpGuard. This gives organizations the opportunity to detect and respond if there is a case of your security vulnerabilities.   

What are the risks involved in being non-compliant with RGPD ?

It’s important to know that the RGPD applies to government agencies, businesses and other organizations working together in the EU. And failure to comply with the RGPD can result in devastating fines.

In fact, there are two levels of fines, namely the lower level and the higher level.

The lower level involves failure to comply adequately with data protection in business operations. This can amount to up to 2% or 10 million euros of the organization’s annual worldwide sales.

The lower level involves failure to adequately address data protection in business operations.

The higher level can be up to 20 million euros of annual worldwide sales. This applies when a person’s privacy rights and freedoms are not respected.

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