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Understanding GDPR: A guide for development organizations

BySam Ursu

Understanding GDPR: A guide for development organizations

Coming into being in 2018, the General Data Protection Regulation (GDPR) is a comprehensive data protection law that is currently in force in the European Union. The GDPR regulations aim to improve EU citizens’ control over their personal data (particularly, computer records) and contain strict rules and requirements for any companies or organizations or governmental entities that handle and process this type of data.

For development organizations, GDPR compliance is of paramount importance. Firstly, non-compliance can lead to severe financial penalties, which can negatively impact the resources and funding available for future development initiations. Secondly, GDPR compliance ensures the protection of personal data, thus working to foster trust while maintaining ethical standards in data handling practices.

Additionally, by adhering to GDPR guidelines, development organizations are better positioned to build and operate a robust framework for data governance, thus prompting transparency, accountability, and responsible data management throughout the entirety of their operations. To be confident of establishing and running such a robust data-management system, organizations should take a look at Tenderwell. app. This instrument has been designed to streamline the project acquisition and management processes. It allows users to store, track, and manage data efficiently. It optimizes the way your organization works with leads, candidates or proposals and facilitates your communication with candidates and partners to achieve dynamic and fruitful cooperation. And of course, it does so by complying to General Data Protection Regulation (GDPR).

GDPR Overview

The General Data Protection Regulation (GDPR) is a comprehensive framework of data protection rules and regulations that govern the acquisition, retention, and handling of personal data of individual European Union citizens. The framework was designed to give European citizens expanded control over how their personal information is acquired, retained, and used as well as to harmonize data protection laws across EU member states.

The GDPR establishes extremely strict mandates for organizations, including development organizations, regarding how data is collected, processed, and stored as well as individual rights related to citizens’ personal data.

Development organizations should implement a combination of both technical and organizational measures in order to ensure GDPR compliance and the protection of personal data. On the technical front, these measures include: robust encryption for data storage and transmission, securing access to prevent unauthorized data access, performing regular data backups, and implementing strong firewall and antivirus protection – which is achievable by using the Tenderwell app.

Organizational measures to ensure compliance with GDPR regulations include devising and implementing policies and procedures for data protection, conducting regular privacy impact assessments, establishing data protection roles and responsibilities for team members, and staff training on data protection practices. Furthermore, organizations should ensure that they are maintaining comprehensive documentation of all of their data processing activities.

Together, these organizational and technical measures will help development organizations better safeguard personal data, minimize the risk of data breaches, and ensure their commitment to GDPR compliance.

Lawful Bases for Processing Personal Data

The GDPR outlines several lawful bases for development and other organizations for processing personal data. These include the necessity of processing for the performance of a contract, compliance with a legal or judicial obligation, the protection of vital interests, consent of the data subject, the performance of a task carried out in the public interest, the performance of a task in the exercise of official authority, and legitimate interests pursued by the data controller or a third party. Each of these lawful bases has specific criteria and conditions that must be met by development organizations.

Development organizations must exercise careful consideration when determining the appropriate lawful bases for processing personal data. They should also, assess the specific purpose and context of their activities as well as the legal requirements and the rights of individuals involved.

This assessment includes conducting a thorough analysis of the organization’s data processing activities, including factors such as the nature of their relationship with the data subjects, the necessity of processing their data for the intended purpose, contractual obligations, and all relevant legal and regulatory requirements, including the GDPR.

Development organizations must also take into account the expectations and preferences of individuals, ensuring that the organization’s chosen lawful basis aligns with the principles of transparency, fairness, and accountability. Furthermore, development organizations should consult with legal professionals as well as data protection authorities in order to receive guidance to ensure that any given chosen lawful basis is both appropriate and compliant with the GDPR.

Individual Rights Under GDPR

Per the GDPR, individual EU citizens have several rights regarding their personal data, including:

  • the right to access their personal data which is being held by an organization;
  • the right to request a correction of inaccurate data;
  • the right to erasure (sometimes known as “the right to be forgotten”);
  • the right to restrict how their data is processed;
  • the right to data portability,
  • and the right to object to how their data is being processed based on legitimate interests or direct marketing.

Individual EU citizens also have the right to not be subject to automated decision-making, including profiling, that is deemed to significantly affect them.

When handling an individual rights request under GDPR, development organizations should have a clear and efficient process in place. Upon receiving an individual rights request, entities should promptly respond and provide full disclosure about how the data is being processed, address any concerns or inaccuracies, and take appropriate steps to fulfill the requested rights in a timely manner, such as rectification, erasure (deletion), or restriction of processing.

Furthermore, it is crucially important that development organizations maintain a detailed record of any individual rights requests as well as the actions taken in response to them in order to demonstrate full compliance with GDPR and to uphold the individuals’ rights to privacy and data protection.

Data Breach Notifications and Incident Responses

Under the GDPR, development organizations are legally obligated to report data breaches to the relevant supervisory authority without undue delay, which typically means within 72 hours after becoming aware of the breach. The notification should include essential details of the breach, such as the nature of the incident, the types of personal data affected, the number of individuals affected, and any potential consequences of the breach. Additionally, if the breach is assessed as likely to result in a high risk to individuals’ rights and freedoms, the affected individuals must be informed directly without undue delay to allow them to take necessary precautions in order to mitigate potential harm.

To establish an effective incident response plan, development organizations should first create a well-documented framework that outlines the roles, responsibilities, and procedures to follow in the event of a data breach. The incident response plan should also include steps for promptly identifying, containing, and mitigating the impact of the incident as well as for conducting an investigation to determine the cause and extent of the breach.

Development organizations should also regularly test and update their incident response plan in order to better adapt to evolving threats. It is also important to provide staff with regular comprehensive training and awareness programs to ensure that they are prepared to respond effectively in the event of a data breach.

Conclusion

In conclusion, understanding and complying with the General Data Protection Regulation (GDPR) is of crucial importance for development organizations. The GDPR sets a very high standard for data protection and privacy that emphasizes the rights of individuals and the responsible handling of personal data.

By adhering to GDPR guidelines, development organizations can build trust with stakeholders, minimize the risk of data breaches, avoid financial penalties, and demonstrate their commitment to ethical data management practices. Best practices for development organizations include investing in the necessary resources to establish and implement robust data protection measures, educating and training staff, and continuously reviewing and refining their data protection practices and procedures. Thus, development organizations can gracefully navigate the GDPR landscape and contribute to a data-driven and privacy-conscious future.