The GDPR aims at allowing the European citizens to control their personal data, as an extension of an individual’s fundamental ‘Right to Privacy.’

GDPR (General Data Protection Regulation) is the core of Europe's digital privacy legislation. It is a new set of rules designed to give EU citizens more control over their personal data. The aim is to simplify the regulatory environment for business in the EU, benefiting both the citizens and businesses from the digital economy.

Every aspect of our lives revolves around data. From banks, governments, shopping malls, educational institutions, healthcare services to social media, whatever we use involves the collection and analysis of our personal data. Personal information like name, contact, address, financial details, IDs, etc is collected, analysed and perhaps most importantly stored by the organisations.

In this high time of cyber security, the data is at very big risk if not protected properly. Data breaches may happen, information may get lost or stolen by the people having malicious intent. Under GDPR, not only do the organisations have to ensure that personal data is gathered legally and under strict conditions, but also the data collectors and managers are obliged to protect it from misuse and exploitation, respecting the right of data owners, else may face penalties for not doing so.

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Who comes under GDPR?

 

Any organisation operating within the EU, as well as the organisations outside of the EU offering goods or services to the customers or businesses in the EU.

 

According to Article 4 of GDPR, there are two different types of data handlers - 'Processors' and 'Controllers'. A controller is the one who determines the purpose and means of processing personal data and the processor is the one who processes the personal data on behalf of the controller.

 

 

When does the GDPR apply outside Europe?

 

The main purpose of the GDPR is to protect the EU citizens' and residents' data. The law, therefore, applies to all the organisations dealing with EU citizens whether they are EU-based organisations or not.

 

There are two situations when a non-EU organisation might have to comply with the GDPR -

 

1. Offering services or goods - If the organisation is catering to EU customers, it has to be GDPR compliant. Occasional instances are exempted from these.

2. Monitoring client's behaviour - Organisations using web tools that allow you to track cookies or the IP addresses of people visiting from EU countries.

 

 

Exceptions to the GDPR rule

 

Majorly there are two exceptions -

1. Purely personal or household activity - The GDPR only applies to organisations engaged in “professional or commercial activity”.

2. Fewer than 250 employees - Small and medium-sized organisations are not totally exempted from GDPR, but the regulation does free them from record-keeping obligations in most cases (see Article 30.5).

 

 

What are the penalties for non-compliance?

 

The GDPR recognizes two levels of fines for less severe and very severe violations.

Non-compliance may lead to fines up to 20 million euros or four per cent of worldwide turnover - whichever is greater - for infringements of the rights of the data subjects, unauthorised international transfer of personal data, and failure to put procedures in place for or ignoring subject access requests for their data.

 

 

Benefits for the businesses of data protection and GDPR compliance - 

 

The GDPR aims at protecting the EU citizen's data and applies to all the organisations that are dealing with EU citizens' data irrespective of the organisation's location. Even now many organisations continue to view it as a troublesome requirement. The regulation can help in streamlining and improving multiple core business activities.

 

1. Easier business process automation - Gives an opportunity to look at how well they're managing customer and client data storage, processing and management responsibilities.

 

2. Increased trust and credibility - GDPR article 5 includes seven fundamental principles forming the basis and rationale for the laws within the GDPR. This helps organisations in gaining trust and credibility from their customers by following these principles.

 

3. Better understanding of the data being collected - GDPR gives businesses a greater understanding and appreciation of their data and how it moves throughout the organisation. Privacy initiatives generally trigger a consolidation of data platforms, which can benefit departments, such as human resources, by enabling easier reporting and faster and better decision-making.

 

4. Better data management - Organisations get a better idea of what data they are collecting and for what. This way they will be able to track the data flowing in the organisation, create and deploy data protection policies, preparing the cybersecurity breach response plan on time.

 

5. Brand reputation - By protecting consumer privacy, organisations not only will avoid potential penalties, but they will have a good brand value and reputation. This will help in building customers' trust in the brand in the long term.

 

Does your business come under GDPR? Check out how we can help you to get compliant with GDPR.

How we do GDPR Compliance Consulting and Audit?

Initial Prepration

Understanding client's business processes and the environment to accordingly consolidate the scope.

Scope Defining

Defining the scope for GDPR compliance from the perspective of a Processor or Controller.

GAP Analysis

Identify gaps in the security control, systems, and environment according to GDPR requirements.

Data & Asset Classification

Identifying & classifying sensitive personal assets, to create/update the Asset inventory.

Risk Assessment

We conduct a comprehensive Risk Assessment to identify weak areas that could be exploited.

Risk Treatment

We assist to build strategies and appropriate Risk Treatment measures, develop and implement a data breach management response

GDPR Application Assessment

Assessing application for confirmation to GDPR requirements such as Data Portability, User Consent, Effective UI design, etc.

Documentation Support

Developing effective documentation as per GDPR requirements such as DPIA process, Privacy policy, Fair use policy, etc.

Policy Rollout Support

We will assist to build and rollout effective policies and procedures for the organisation pertaining to GDPR Compliance.

GDPR Compliance Audit

Pre-assessment of the setup to ensure all measures are implemented once the reasonable gestation period is over.

What Illume Offers
  • 1. Identifying over 300 different data types over the network and components.
    2. Upholding the GDPR requirements for ongoing data surveillance.
    3. Inventory of critical data, preparing for data breach notification submission.
    4. Creating reports as per GDPR guidelines for reporting, remediation and custom integration.
    5. Automating GDPR Compliance scans for scheduling for custom locations.
    6. Consolidate your data and prioritize your relationship with customers.
    7. Establish a business and operational control over complete personal Data Flow within your organization.

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FAQs
GDPR consulting services are professional services provided by experts in data protection and privacy regulations to help organisations comply with the GDPR. These services assist organisations in understanding and implementing the necessary policies, processes, and technical measures to ensure compliance with the GDPR's requirements for the protection of personal data.
GDPR consulting services help the organisation to comply with the GDPR's stringent data protection requirements. Non-compliance can lead to significant fines and reputational loss. Consulting services provide expert guidance, conduct assessments, and help to implement the necessary changes to protect personal data and meet GDPR obligations.
GDPR consulting services normally covers various aspects of data protection compliance, including -
1. Data Mapping and Inventory - Identifying the types of personal data processed, collected, and stored by the organisation, along with the data flow across systems.
2. Legal Assessment - Reviewing existing data protection practices and contracts to ensure alignment with GDPR requirements.
3. Data Protection Impact Assessments (DPIAs) - Conducting DPIAs for high-risk data processing activities and ensuring risk mitigation.
4. Consent Management - Advising on obtaining and managing user consent for data processing activities.
5. Privacy Policy Development - Assisting in the creation of comprehensive privacy policies that align with GDPR principles.
6. Data Subject Rights Management - Implementing processes to handle data subject requests, such as access, rectification, erasure, and data portability.
7. Employee Training - Providing training and awareness sessions to employees about GDPR compliance and data protection best practices.
8. Vendor and Third-Party Compliance - Assessing the compliance of vendors and third-party service providers with GDPR requirements.
Any organisation handling personal data of individuals in the European Union, regardless of their location, should consider GDPR consulting services. This includes businesses, government entities, nonprofits, and any other organisations that process personal data from EU residents.
GDPR consulting provides expert guidance on the requirements of the regulation and assisting in the development and implementation of necessary measures. Experts assist the internal teams to identify gaps in their data protection practices, develop suitable policies and processes, conduct assessments, and train employees. By addressing these aspects, organisations can align their practices with GDPR principles and achieve a higher level of data protection compliance.
Yes, GDPR consulting services can be customised to meet specific requirements of the organisations. Consultants tailor their approach to match the size, industry, data processing activities, and existing privacy practices of the organisation. Customization ensures that the consulting services are practical, effective, and relevant to the organisation's unique circumstances.
The cost for GDPR Compliance usually depends on several factors, including the Scope of Audit, Business Applications, Technology Platforms, Number of Locations, and other additional services. It may cost $10,000 for an average-sized organisation.
The time taken to achieve GDPR compliance can be 4-6 weeks. However, the time taken may increase with the time required for implementing the remediation suggested in the initial gap analysis conducted before the actual audit.
The GDPR compliance report is valid for only one year from the date of issue. It is advised to conduct an annual audit or at least whenever significant changes are made which may impact systems and control in an environment.
Data Protection officer (DPO) is a person appointed to ensure GDPR compliance in the organisation. The DPO is the main point of contact for the data protection authority.
Non-compliance with GDPR can lead to significant penalties for organizations.There are two tiers of administrative fines, depending on the specific provisions that have been violated -
1. Tier 1 Administrative Fines - This is for less severe violations, the maximum administrative fine can be up to €10 million or 2% of the organisation's global annual turnover, whichever is higher. These apply to issues like failure to maintain records, failure to conduct a data protection impact assessment (DPIA) when required, or failure to cooperate with supervisory authorities.
2. Tier 2 Administrative Fines - These are for serious violations of GDPR provisions, the maximum administrative fine can be up to €20 million or 4% of the organisation's global annual turnover, whichever is higher. These apply to significant breaches, such as violating the core principles of data processing (e.g., lack of consent or unlawful data processing), not respecting data subjects' rights, or transferring personal data to third countries without adequate safeguards.

In cases of non-compliance, supervisory authorities can issue warnings, reprimands, temporary or definitive bans on data processing, and order organisations to rectify their non-compliant practices.