The General Data Protection Regulation is a full-fledged data privacy law enacted by the European Union and worldwide in practice, but very relevant to business interests of those in the United States. Even when your company is outside of the EU, you might be under GDPR if you process any personal data on EU citizens. We, in Najla Law Firm, feel that this regulation can be tough for compliance and critical steps to be followed for protection of the US businesses, in order to achieve their objectives. Compliance with GDPR is a must in order not to incur heavy fines and harm your reputation. In the following are the legal checklists of business compliance that follow the needs to meet the GDPR requirements.
1. Know if it is applicable
GDPR applies to US companies that handle or retain information of a citizen in the EU. It also covers any company selling their products or services to citizens of the European Union regardless of whether the company has an establishment there or not.
2. Appoint a Data Protection Officer (DPO)
An organization’s business involves a large amount of personal data, and a DPO is, therefore, recommended to ensure GDPR compliance. That person will be in charge of data protection strategy, audits, and contact with the regulatory bodies.
3. Data Mapping and Inventory
The storage location of personal data, how it’s processed, and who has the access must be known. Regular audits will help maintain an accurate inventory of data processing activities.
4. Consent should be clear
For any business operating under GDPR, it requires express consent from data subjects before using their personal information. Your company should, therefore, have an explicit process on how to secure and document your consent.
5. Data security
Companies in GDPR are tasked with the safety of the data from unauthorized parties. It ought to have very robust and confidential measures through the use of encryption, secure controls of access and regular security audit performed on data collected.
6. Verify Transfer Mechanisms
You will only transfer a personal data out of the EU through approved mechanisms such as Standard Contractual Clauses or Binding Corporate Rules. There may be significant fines in case of a failure to comply.
7. Train Employees
Regular GDPR training is essential for ensuring that your employees understand their functions and roles in data protection. This must be mandatory to anyone who has to handle personal data.
8. Prepare for Data Subject Rights
GDPR guarantees data subjects access, rectification, and erasure rights. Your company has to design procedures to handle subject access requests with efficiency.
The steps to getting compliance with GDPR in the US can be overwhelming, but if the right measures are taken, they might save your business from fines and restore confidence in your business among its customers. Najla Law Firm is working to assist businesses in getting into data protection compliance and reduce their risks of potential violations of GDPR.
