GDPR

The General Data Protection Regulation (GDPR) is a legal act of the European Parliament and the Council (Regulation (EU) 2016/679) that was adopted in April 2016 and comes into force on May 25, 2018. The GDPR primarily seeks to provide unified and clear rules on stronger data protection that are fit for the digital age, give individuals more control of their personal information processed by companies and ease law enforcement. The GDPR will repeal the current legal act (Directive 95/46/EC) enacted in 1995, which has been inconsistently interpreted by the various European Union member states.

 

In addition to harmonizing data protection law across the EU, the new regulation will also affect non-European companies that offer goods or services to, or monitor the behavior of, European Union residents, and therefore process any of their personal data. This refers to the extraterritorial application of the law. In other words, organizations of all types from across all industries that are established outside the European Union but that conduct business within it will be subject to GDPR compliance starting May 25, 2018.

 

The extended jurisdiction of the GDPR is arguably the biggest change to the 1995 Directive. The other important principles laid down in the GDPR are the following:

 

Extended rights of data subjects — These, among others, include the right of access, the right to data portability and the right to data erasure.

72-hour data breach notification — In the case of a personal data breach, an organization must notify the supervisory authority not later than 72 hours after having become aware of it.

Privacy by design — Organizations must ensure that, both in the planning phase of processing activities and in the implementation phase of any new product or service, GDPR data protection principles and appropriate safeguards are addressed and implemented.

Accountability — An organization must ensure and demonstrate compliance with the data protection principles of the GDPR.

 

Fines for non-compliance with the GDPR depend on the infraction. In the case of a personal data breach (defined as a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored or otherwise processed), the fine is up to 4% of the company’s annual worldwide turnover or €20 million, whichever is higher. For other infringements of GDPR provisions, the fine is up to 2% of annual worldwide turnover or €10 million, whichever is higher.

 

GDPR and Netwrix

The following list includes some of the key provisions of the GDPR that Netwrix Auditor can help your organization address. Please note that the efforts and procedures required to comply with GDPR requirements may vary depending on an organization’s systems configuration, internal procedures, nature of business and other factors. Implementation of the procedures described below will not guarantee GDPR compliance, and not all the controls that Netwrix Auditor can possibly support are listed. This mapping should be used as a reference guide to help you implement policies and procedures tailored to your organization’s unique situation and needs.

 

 

 

Netwrix Auditor can help with the following provisions of the GDPR articles:

 

CHAPTER II. Principles

 

Article 5. Principles relating to processing of personal data

1. Personal data shall be:

f. processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).

2. The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).

 


CHAPTER IV. Controller and processor

 

Article 24. Responsibility of the controller

1. Taking into account the nature, scope, context and purposes of processing as well as the risks of varying likelihood and severity for the rights and freedoms of natural persons, the controller shall implement appropriate technical and organisational measures to ensure and to be able to demonstrate that processing is performed in accordance with this Regulation. Those measures shall be reviewed and updated where necessary. The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 (‘accountability’).

 

Article 25. Data protection by design and by default

1. Taking into account the state of the art, the cost of implementation and the nature, scope, context and purposes of processing as well as the risks of varying likelihood and severity for rights and freedoms of natural persons posed by the processing, the controller shall, both at the time of the determination of the means for processing and at the time of the processing itself, implement appropriate technical and organisational measures, such as pseudonymisation, which are designed to implement data-protection principles, such as data minimisation, and to integrate the necessary safeguards into the processing in order to meet the requirements of this Regulation and protect the rights of data subjects.

2. The controller shall implement appropriate technical and organisational measures for ensuring that, by default, only personal data which are necessary for each specific purpose of the processing are processed. That obligation applies to the amount of personal data collected, the extent of their processing, the period of their storage and their accessibility. In particular, such measures shall ensure that by default personal data are not made accessible without the individual's intervention to an indefinite number of natural persons.

 

Article 32. Security of processing

1. Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, the controller and the processor shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, including inter alia as appropriate:b. the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services;c. the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident;d. a process for regularly testing, assessing and evaluating the effectiveness of technical and organisational measures for ensuring the security of the processing.

2. In assessing the appropriate level of security account shall be taken in particular of the risks that are presented by processing, in particular from accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to personal data transmitted, stored or otherwise processed.

4. The controller and processor shall take steps to ensure that any natural person acting under the authority of the controller or the processor who has access to personal data does not process them except on instructions from the controller, unless he or she is required to do so by Union or Member State law.

 

Article 33. Notification of a personal data breach to the supervisory authority

1. In the case of a personal data breach, the controller shall without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the supervisory authority competent in accordance with Article 55, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons. Where the notification to the supervisory authority is not made within 72 hours, it shall be accompanied by reasons for the delay.

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