If you haven’t already done so, it is now time to put the necessary steps in place to ensure your firm is compliant with the European General Data Protection Regulation 2016/679/EU (GDPR), which will apply from 25 May 2018.
GDPR seeks to build upon the core rules regarding the processing of personal data, which are contained in the existing Data Protection Directive 95/46/EC, by putting measures in place to expand and strengthen the rights of data subjects while also making businesses more accountable for data privacy compliance.
In the accountancy profession, accountants handle highly sensitive and private data. If you are a data controller, you should be mindful of the following:
Accountability and governance
Data controllers must:
Be able to demonstrate their compliance with GDPR;
Implement appropriate technical and organisational measures to ensure that data is processed in a manner that ensures appropriate security and confidentiality of the personal data; and
Retain records of their processing activities unless they can avail of an exemption.
Steps to implement: establish an effective governance and accountability framework to ensure compliance with GDPR; and review policies and procedures in light of GDPR requirements to assess any changes required.
Data subjects’ rights
GDPR enhances existing rights, and also introduces new rights, for data subjects relating to data portability, restricting processing, and the right to be forgotten.
Steps to implement: ensure policies and procedures appropriately cover all data subjects’ rights, both existing and new.
Legal basis for processing personal data
The processing of personal data should be lawful, fair and transparent.
Steps to implement: document the personal data held and analyse the legal basis for processing; and review privacy notices and procedures to assess any changes required.
Consent
Obtaining consent for the lawful processing of personal data is more onerous under GDPR. A data subject will have the right to withdraw his or her consent at any time.
Steps to implement: review how you obtain consent in light of GDPR and make any necessary changes; ensure that any consent given is clear and unambigious; and where processing has multiple purposes, ensure that consent is obtained for all purposes.
Data protection officer
Certain data controllers and data processors will need to appoint a data protection officer (DPO) who will be responsible for monitoring compliance with GDPR.
Steps to implement: determine whether it is necessary to appoint a DPO.
Data breach notifications
Data controllers must notify the supervisory authority within 72 hours of becoming aware of a data breach unless the breach is unlikely to result in a risk to the rights and freedoms of natural persons. In cases of high risk, the data controller must also communicate the breach to the data subject without undue delay. The data processor must notify the data controller without undue delay after becoming aware of a personal data breach.
Steps to implement: implement procedures to detect, report and investigate personal data breaches within the specified timeframe.
Data protection impact assessment
In high risk processing operations, the data controller must, prior to the processing, carry out a data protection impact assessment (DPIA) of the envisaged processing operations to evaluate in particular the origin, nature, particularity and severity of that risk.
Steps to implement: determine how and when to implement a DPIA; and consider the outcome of DPIA when determining the appropriate measures to be taken in order to demonstrate compliance with GDPR.
Sanctions
Organisations may now be subject to administrative fines of up to €20 million or 4% of annual global turnover, whichever is higher.
Steps to implement: take these fines into consideration when implementing the governance framework.
Data processors
Data processors will have direct liability under the GDPR.
Steps to implement: if appointing a data processor, ensure that appropriate contracts are in place to ensure compliance with the GDPR.
Breeda Cunningham FCA is Director at the Regulatory & Compliance Department at Dillon Eustace.