Data protection affects private individuals and organizations alike. It regulates and protects individuals from uncontrolled and unlawful processing of their personal data. On the other hand, this poses considerable challenges for companies.
However, the problem is homemade. For many years, personal data has been handled carelessly and arbitrarily and has often been used, stored or passed on unlawfully.
The countless cases of data misuse and unauthorized data processing that have accumulated over many years have forced the EU's data protection authorities to take action, leading to the introduction of the strict EU General Data Protection Regulation.
The EU General Data Protection Regulation (GDPR), which came into full force in the EU on May 25, 2018, is a comprehensive regulation for the protection of personal data in the European Union. It strengthens the rights of individuals with regard to their data and sets out strict requirements for the processing of personal data by companies and organizations.
In addition to the principles for the processing of personal data (Article 5), Articles 15 - 21 are particularly important for organizations. They regulate the rights of data subjects, such as the right to information, the correction and deletion of data, the requirement for clear and explicit consent to data processing and the obligation to report data breaches within 72 hours.
These rights meant significant changes for companies: They had to make extensive adjustments to their data protection practices, including the implementation of new data processing processes, the appointment of data protection officers and the introduction of technical and organizational data security measures.
These measures led to an increased awareness of data protection issues and a higher level of transparency and accountability in the handling of personal data in organizations.
Failure to comply with the General Data Protection Regulation (GDPR) can have significant legal, financial and reputational consequences for companies. Here are some examples:
Almost six years after the introduction of the EU GDPR, many companies are drawing mixed conclusions. While data protection leads to considerable challenges in practice, it also has positive effects.
According to a survey conducted by the digital association Bitkom at the end of 2023, many companies see the GDPR as an obstacle to innovation and competitiveness. High administrative requirements and legal uncertainty in the interpretation of the rules make implementation more difficult.
At the same time, however, the GDPR has also led to an increased awareness of the protection of personal data and greater data security. This strengthens customer trust and creates competitive advantages in international business (source: bitkom.de).
A data protection security officer (DPO) plays a central role in organizations by ensuring that all data protection regulations are complied with. The DPO can be appointed internally from the ranks of employees or externally as a service provider. Their tasks include monitoring compliance with data protection laws, training and raising awareness among employees, carrying out data protection impact assessments and cooperating with supervisory authorities.
The role of the DPO is not an easy one. He or she must constantly keep the relevant knowledge up to date due to changing legal frameworks and technological developments. At the same time, the role of the data protection officer is accompanied by the expectation that data protection risks are reliably identified and assessed and that suitable protective measures are implemented. In addition, the data protection officer must ensure that data protection breaches are reported and dealt with effectively in order to avoid potential legal and financial consequences for companies.
A data protection officer is mandatory for companies in the European Union under certain conditions. These obligations are set out in the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). A data protection officer is required if:
Public bodies and authorities: Every public body or authority (with the exception of courts acting in their judicial capacity) must appoint a data protection officer.
Core activities of the company:
It is important to note that even if a company is not obliged to appoint a data protection officer, it may still be useful to have one to ensure compliance with the GDPR and the protection of data.
Data protection management is the systematic planning, implementation and monitoring of measures aimed at protecting personal data within a company and meeting the legal requirements for data protection. This comprises several components:
Effective data protection management not only helps companies to minimize legal risks and avoid fines, but also helps to strengthen the trust of customers, partners and employees and protect the organization's reputation.
Data protection software provides a structured framework for implementing the requirements of the EU GDPR. It makes it easier for data protection officers to document data protection within a company.
Data classification and inventory: The software helps to identify and classify personal data and create a comprehensive directory of processing activities. This is essential in order to have an overview of all stored data and to ensure that processing is transparent and traceable.
Consent and rights management: It facilitates the management of data subjects' consents and supports the fulfillment of data subjects' rights, such as the right of access, rectification, erasure and data portability. This is particularly important as the GDPR sets strict requirements for consent and the processing of data subject requests.
Risk assessment and data protection impact assessment (DPIA): Data protection management software can assess risks associated with the processing of personal data and perform automated or guided data protection impact assessments. This helps to identify potential data breaches at an early stage and take appropriate measures to minimize risks.
Documentation and verification: The software supports the complete documentation of all data protection-relevant processes and measures. This is important in order to be able to prove compliance with the GDPR in the event of audits by supervisory authorities or in the event of data protection incidents.
Reporting data breaches: In the event of a data protection breach, the software supports the timely reporting to supervisory authorities and data subjects by providing standardized processes and templates. This helps to meet the legal requirements within the specified 72-hour period.
An information security management system (ISMS) is an essential tool for ensuring data security in the context of data protection. It provides a systematic approach to protecting the confidentiality, integrity and availability of personal data while meeting the requirements of the GDPR.
The ISMS includes policies, procedures and controls aimed at identifying, assessing and managing risks. Through regular audits and continuous improvement processes, an ISMS ensures that data security measures are always up-to-date and effective. It also promotes employee awareness and training in the handling of personal data, which helps to minimize security incidents. Overall, an ISMS creates a robust foundation for the protection of sensitive data and strengthens confidence in a company's data security practices.
INDITOR® provides you with optimum support for the introduction of various industry standards, such as an ISMS in accordance with DIN EN ISO/IEC 27001 or the BSI IT baseline protection.
We offer an individual and tailor-made solution for any size of organization, with which you can easily and efficiently implement information security in your company.