Data Protection and Privacy Law Compliance

GDPR Compliances:

The General Data Protection Regulation (GDPR) is a regulation of the European Union (EU) that came into effect on May 25, 2018. It replaces the 1995 EU Data Protection (Information Protection) Directive and strengthens the regulation of personal data in the EU. The GDPR applies to any organization that processes personal data or information of individuals in the EU, regardless of where the organization is based.

To be compliant with GDPR, organizations must implement appropriate technical and organizational measures to protect personal data, and appoint a data protection officer (DPO) if required. They also need to be transparent about their data processing activities, and obtain explicit consent from individuals for the collection, use, and sharing of their personal data.

Organizations must also report data breaches to supervisory authorities within 72 hours of becoming aware of the breach, and notify affected individuals if the breach poses a risk to their rights and freedoms.

Organizations that are found to be non-compliant with GDPR can face significant fines, up to €20 million or 4% of their annual global turnover, whichever is higher.

We at Netlawgic handle Data Protection, Privacy and Cyber security matters within the organization. Implementation of GDPR within Corporates and handling GDPR compliances under the statute.

GDPR Services

There are several services that organizations can use to help them comply with the General Data Protection Regulation (GDPR). Some examples include:

  1. Data protection impact assessments (DPIA): These assessments help organizations identify and mitigate potential risks to personal data.
  2. Data mapping: This service helps organizations to understand the flow of personal data within their organization, and identify any areas where data protection can be improved.
  3. GDPR compliance software: These software tools help organizations to manage and document their data processing activities, and ensure that they are compliant with GDPR.
  4. Data protection officer (DPO) services: Organizations that are required to appoint a DPO under GDPR can outsource this role to a DPO service provider.
  5. Data breach response services: These services help organizations to respond quickly and effectively to data breaches, in order to minimize the impact on individuals and comply with GDPR’s reporting requirements.
  6. GDPR training: This service provides employees with the knowledge and skills they need to understand and comply with GDPR.


Personal Data Inventory:

Comprehensive knowledge of GDPR relating to project base lining and
preparing personal data inventory.

Current State Assessment:

Analyzing data flow diagrams and evaluating current state assessment. Mapping the storage and flow of personal and sensitive personal data within the organisation.

DPIA:

Preparing a Gap report highlighting the design gaps. Perusing data privacy impact assessment (DPIA) of the organization and suggesting remedial measures.


Policies and Procedures:

Preparing policy framework of the organization including data protection
and retention policies, privacy framework and remediation. Drafting of employee consent forms and website privacy policy.


Training and awareness:

Conducting training and awareness sessions for the organisation on GDPR. Customising training as per the requisites of the internal business functions.


Privacy by Default and Privacy by Design:

Structuring Privacy by Design and Default principles into the privacy framework of the Corporates right from the beginning.


Audit:

Auditing company’s internal processes, policies, contracts and other documentation to align it with GDPR requirements.


Consent management:

Consent and contractual management for revision of Data Protection and Privacy clauses in contracts.

Inter-Company Agreements:

Preparing cross-border transfer agreements and Binding Corporate Rules to facilitate lawful transfer of data outside of EU.

DPO:

Formulating the roles, responsibilities and structure of accountability of Data Protection Officer (DPO).


Incident Management:

Working with IT team to develop and embed an incident management procedure to include potential scenarios of data breach and implement enhanced security controls.


Data Subject rights:

Formulating policies, procedures and templates for facilitating data subject’s right to rectification, modification, erasure, etc.


Information Technology Laws:

Handling matters related to Information Technology laws.

Contract drafting and negotiation:

Drafting, vetting and negotiating of data protection agreements with customers, vendors, etc.


ROADMAP AHEAD

Indian PDPA Compliances:

Working on critical analysis of the Indian Personal Data Protection
Bill, 2018 and compliances for corporates under the same.

Data Protection Solutions:

Creating a comprehensive package solution for Corporates for legal and technical solutions related to applicable Data Protection and Privacy.

GDPR and Data Protection Checklist:

Creation of a tool to encompass compliance under data protection statutes and to monitor the status of the same.

AI enabled questionnaire:

Basic questions related to GDPR, Data Protection and Privacy, its applicability, important pointers, penalties, etc. to be embodied in AI.


REQUISITE KNOWLEDGE BUT NEED TO STRENGTHEN EXPERTISE

Preparation of data flow diagrams:

Technical team to help with location of servers within the organization where personal data is stored and mapping personal data to systems within the organization.

Security Audit:

Conducting ISO27001 audit and VAPT (Vulnerability Assessment and Penetration Testing)


Data Protection audit:

Securing the data with the help of various tools such as Data Leak Prevention tools etc.

Tool based compliance :

Development of tools for compliance of GDPR within the organization,
such as:
1. Consent tracker
2. Anonymization tools so that personal information is unidentifiable
3. Tracker for DPIAs and closure of gap analysis report.
4. Tool encompassing compliance checklist for GDPR

Why Data Protection Officer is important?

A data protection officer (DPO) is important because they are responsible for ensuring that an organization complies with data protection laws and regulations, such as the General Data Protection Regulation (GDPR) in the European Union. They also advise the organization on their data protection obligations and act as a contact point for data subjects and supervisory authorities. Additionally, a DPO can help an organization prevent data breaches and protect the personal information of individuals, which can help the organization maintain the trust of its customers and avoid costly fines.

How Can Our Data Protection Law Firm Help?

As a leading data protection law firm in India, we can help you navigate the complexities of data protection law and ensure that your rights are protected. Our team of experienced lawyers can assist you with the following:

  1. Data Protection Compliance: We can help you ensure that your business or organization complies with all relevant data protection regulations, including the Digital Personal Data Protection Bill, 2022.
  2. Data Protection Audit: We can conduct a thorough audit of your organization’s data protection policies and procedures to identify any areas of risk or non-compliance.
  3. Data Breach Response: If your organization experiences a data breach, we can provide expert legal advice and guidance on how to respond and mitigate the impact of the breach.
  4. Data Protection Training: We can provide training to your employees on data protection law and best practices to ensure that they are equipped to handle personal data responsibly.