GDPR Compliance Audit Services
Intelligence Driven Cyber Security Operations
GDPR Compliance Audit
The General Data Protection Regulation (GDPR) is a comprehensive and far-reaching set of rules that extends its protective measures beyond the borders of the European Union, Asia and Canada . This regulatory framework establishes a robust and standardized legal structure for companies operating in these regions that handle personal data. It places a strong emphasis on the ethical and lawful acquisition of personal information and demands that organizations take rigorous measures to safeguard it from any form of misuse or abuse.
GDPR’s applicability to Asia and Canada underscores its commitment to global data privacy standards, ensuring that individuals’ rights are respected and protected, regardless of their geographic location. Companies involved in the processing and transmission of personal data are obligated to adhere to these regulations diligently. This includes obtaining explicit consent from data subjects, implementing stringent security measures, and providing transparent information about data handling practices.
Non-compliance with GDPR can have severe consequences for businesses operating in Asia and Canada. Penalties for failing to meet the regulatory requirements can be substantial, potentially reaching up to 4% of the company’s annual revenue or 20 million euros, depending on which amount is higher. These penalties serve as a powerful deterrent to encourage organizations to prioritize data protection and privacy in their operations, benefiting individuals and society as a whole.
- Achieving compliance with data privacy regulations, much like GDPR, poses a significant challenge for companies operating in Asia and Canada. However, once compliance is established, it becomes imperative for organizations to conduct regular internal audits specific to the Asian and Canadian regions to assess their adherence to these regulations. These audits serve several critical purposes, including the identification and rectification of compliance gaps, the documentation of ongoing compliance efforts, and the establishment of accountability and continuous monitoring of the organization’s privacy initiatives.
- Conducting GDPR audits in these regions not only helps companies in Asia and Canada to maintain compliance but also potentially reduces the severity of penalties in case of a data breach. It demonstrates the organization’s proactive commitment to comply with data privacy regulations. Compliance is an ongoing and evolving process, necessitating regular assessments to ensure that companies align with the specific requirements of Asian and Canadian data protection laws.
- The GDPR audit process plays a crucial role in ensuring that organizations have the necessary processes in place and are earnestly respecting the privacy rights of data subjects in Asia and Canada. Here’s a guide for organizations in these regions to follow for a successful audit process:
- While achieving GDPR compliance may appear daunting, being proactive in compliance efforts offers significant advantages. It enables companies to earn the trust of digital consumers who are increasingly concerned about privacy. Prioritizing user experience and demonstrating a commitment to user preferences are vital aspects of GDPR compliance, which can foster positive relationships with customers.
- Furthermore, GDPR compliance provides opportunities for businesses to expand their reach by marketing to new data subjects, as long as they uphold data privacy rights. Perhaps most crucially, achieving compliance at an early stage significantly reduces the likelihood of regulatory investigations and fines in the future, ensuring long-term legal and reputational protection for organizations.
- In the Asia-Pacific region, only New Zealand currently meets the EU’s GDPR adequacy standards, indicating that it provides a sufficient level of data protection through its domestic legislation and international commitments. Japan was on track to achieve this status by the end of 2018, and discussions between the EU and South Korea on GDPR adequacy were underway.
- The implementation of GDPR has prompted various Asian countries to reevaluate their data regulation frameworks. However, the region’s diverse social, economic, and political backgrounds have resulted in a complex array of legislations, including both enacted and draft laws.
- Although European standards often align with or surpass individual country requirements in Asia-Pacific, companies should remain attentive to the latest developments in the region’s data privacy and cybersecurity regulations. It’s unwise to assume automatic alignment with GDPR, given differences in specific provisions. For instance, GDPR mandates reporting data breaches within 72 hours, whereas Australian companies have 30 days for disclosure.
- In Canada, GDPR’s impact is significant due to extensive business dealings with EU entities and citizens. Compliance is crucial, even for Canadian websites that accept euros for goods or serve European customers. Notably, many Canadian privacy laws share similarities with GDPR, potentially leading to misconceptions of compliance.
- GDPR compliance necessitates a clear understanding of key articles. These include provisions that empower consumers with control over their personal data, such as the right to data portability and the right to erasure. Moreover, there are requirements for companies to implement data protection measures, notify authorities and affected parties in the event of data breaches, conduct Data Protection Impact Assessments, and appoint data protection officers.
- Regarding GDPR noncompliance penalties, they can be substantial. Supervisory authorities possess the authority to enforce corrective actions, audits, warnings, and data erasure. They can also impose significant fines, which are calculated based on the nature and extent of noncompliance, reaching up to 4% of global annual turnover or €10 million/€20 million, whichever is higher.
- South Korea has maintained a stringent stance on data privacy in the region for an extended period, imposing severe penalties for breaches, including punitive damages, profit forfeitures, and personal accountability of senior executives. The country also enforces strict regulations on cross-border data sharing, with violations potentially incurring fines of up to 3 percent of revenue. In 2016, Google’s request to use mapping data was rejected by Seoul due to security concerns.
- China recently began implementing a new cybersecurity law that mandates the local storage of personal information and critical data. The international business community is particularly concerned about the vague definitions regarding the types of data that must be stored within China. A more comprehensive version of this regulation was anticipated to take effect in early 2019, reflecting China’s heightened focus on data privacy for its increasingly digital-savvy consumers. In January 2018, Ant Financial, Alibaba’s financial arm, faced criticism for automatically enrolling users in a credit scoring affiliate.
- India is in the process of advancing the Personal Data Protection Bill through parliament, aiming to establish informed individual consent as the foundation for personal data usage. However, the bill has raised concerns among tech giants and other companies, as it mandates the physical hosting of data in India under localization provisions.
- Singapore embraced a new Cybersecurity Bill in February 2018, and a revision of its existing data privacy laws is expected in the coming year. This revision may introduce a mandatory breach notification scheme.
- In other parts of Southeast Asia, countries such as Vietnam and Indonesia are also preparing to implement new privacy protections in the years ahead. These developments highlight the increasing importance of data privacy regulations in the region and the efforts to align them with global standards.
Risk Advisory
Our approach to GDPR Compliance Consulting
Scope of GDPR Compliance
In a compliance audit, establishing the scope is of utmost importance, which involves the identification of personal data belonging to individuals from the EU, Asia, and Canada, along with a comprehensive assessment of all data processing activities within the organization, whether in the capacity of a data controller or processor. Organizations must also be diligent in recognizing cross-border data processing activities, as GDPR applies to any business that handles personal data of EU, Asian, or Canadian citizens, regardless of their geographical location. A crucial aspect of compliance assessment is the meticulous identification of all databases containing personal data to ensure comprehensive coverage and adherence to relevant data protection regulations across these regions.
Current Compliance Status
Our team identifies the current compliance status which is crucial to identify gaps in data protection measures.
Appoint Data Protection Officer (DPO)
Our DPO monitors internal compliance, provides guidance on data protection obligations and Data Protection Impact Assessments (DPIAs), and serves as a contact point for data subjects and the Information Commissioner’s Office (ICO).
Establish Policies and Procedures
To ensure effective data protection, our team establishes a set of policies that ensure consistent enforcement of security controls. Achieving successful implementation requires careful consideration of both compliance requirements and business objectives.
Training, Roles and Responsibilities
We help Organizations to define roles and responsibilities related to data protection and our team provides awareness training for employees to make them understand the whole criteria.
Data Protection Impact Assessment
Our team performs Data Protection Impact Assessment (DPIA) to identify and minimizes risks in personal data processing. With any data processing activity, our team ensures to perform it to ensure GDPR compliance and accountability.
Personal Information Management System (PIMS)
We prepare extensive documentation for Personal Information Management Systems (PIMS) that covers data protection policy, breach notification procedure, subject access requests, DPIAs, consent forms, and staff training guidelines.
Processes to Oblige Data Subjects Rights
Our team ensures data subject rights required to establish suitable procedures and processes. These procedures enable the organization to facilitate and respond to data subjects exercising their rights, such as access, rectification, erasure, restrict processing, and data portability, among others.