02 April 2020 - Article
A recent survey from Clearswift asked companies if they felt they had all the necessary processes in place to be compliant for the pending General Data Protection Regulation (GDPR). The top five sectors from that survey that indicated they were ready included technology and telecommunications (32%), education (31%), IT (29%), business services (29%) and finance (29%). But the survey also revealed that healthcare was the least likely to be ready for GDPR and have the processes in place to comply with the legislation.
GDPR takes effect on 25 May 2018 and introduces substantial changes to the EU data protection regime. The GDPR will reshape the relationship between businesses and customers and reform the approach to how businesses handle personal data.
Our Intellectual Property Associate, Ashley Williams, prepared five practical tips to help Life Sciences organisations plan for compliance with GDPR.
1 – Conduct a data audit
Before you can assess how the GDPR applies, you need to know what your organisation does with personal data. Start with the basics: the who, what, why, when, where and how approach, will help map data flows.
2 – Review consent procedures and privacy notices
Existing fair processing notices will need to be reviewed and redrafted. The process for obtaining consent will need to be reviewed to ensure it satisfies the new requirements (pre-ticked boxes or inactivity will not satisfy the GDPR requirements). Individuals will have stronger rights where consent is the ground relied on for processing. If there’s another lawful ground for processing… use it.
3 – Internal policy review
For those with limited resources, focus on the key changes that are likely to impact your business. New breach reporting obligations and accountability requirements are likely to trigger changes to internal policies. Global policies may need to contain country-specific provisions (a one-size-fits-all approach is unlikely to be sufficient).
4 – Accountability – share the joy
Governance needs to go beyond the traditional “core” teams of legal, compliance, and information security and include all aspects of the business, most notably PR and marketing should be included to manage the reputational damage. Remember your data protection officer (DPO) needs to be independent. Any managers who can influence the purpose or manner of processing will not be able to act as DPO. Consider external resources to manage costs.
5 – Review and revise processing agreements
Focus on key data sets and material processing arrangements. Data controllers should take the opportunity to ensure the processor is also compliant with internal policies. Data processors should review the liability position and consider introducing liability caps to reduce exposure.