In an era where data is a powerful commodity, protecting personal data has become a significant concern for businesses, regulators, and consumers alike. The European Union’s General Data Protection Regulation (GDPR), which came into effect in 2018, set new standards for data privacy, mandating organizations to handle personal data with greater responsibility and transparency. While many organizations have made strides in GDPR compliance, there are still nuances and best practices that often go overlooked.
In this article, we’ll explore some of the best practices for GDPR compliance that you might not have heard of, yet they are vital for safeguarding data, building trust with customers, and avoiding costly penalties.
1. Regular Data Mapping and Audits
One of the key principles of GDPR is accountability, which requires businesses to know exactly how they handle personal data. This means conducting regular data mapping exercises to track what personal data is being collected, where it is stored, who has access to it, and how it is shared.
Data mapping allows organizations to understand their data flow better and pinpoint any weak spots where personal data may be mishandled. It’s not just about identifying sensitive data, such as customer details or financial information, but also knowing what data you process and why.
Beyond mapping, regular audits should be conducted to assess whether data is being processed in line with GDPR’s data minimization and purpose limitation principles. Audits should be scheduled periodically, and after significant changes to operations (e.g., launching a new product or integrating with a third-party service). This helps ensure that the data you’re collecting remains relevant and necessary.
2. Use of Data Protection Impact Assessments (DPIAs)
A lesser-known but highly effective practice is the use of Data Protection Impact Assessments (DPIAs). While many are aware that DPIAs are required for high-risk processing activities, many businesses overlook their full potential. DPIAs are meant to assess the impact of a particular data processing activity on individuals’ privacy before it’s undertaken.
What many organizations don’t realize is that DPIAs are not just about mitigating risk—they can also serve as a proactive tool to guide strategic decisions around data processing. For example, if a company is planning to launch a new product that involves large-scale data processing, performing a DPIA will not only help identify risks but also allow the company to incorporate privacy-friendly practices from the outset.
DPIAs should be a part of any high-risk data processing activity, such as the use of AI for decision-making or the processing of sensitive data. By conducting a DPIA early in the process, companies can avoid problems down the line, save costs, and build a more privacy-conscious business model.
3. Implementing Privacy by Design and by Default
“Privacy by design” and “privacy by default” are two GDPR principles that should be integral to your organization’s data protection strategy. These principles require you to incorporate privacy into the design of your business processes, products, and services.
Many companies mistakenly believe that data privacy is something to think about only after launching a product or service, but integrating privacy measures from the very beginning can save time, money, and resources in the long run. For example, when designing a new mobile app, embedding data minimization and user consent features into the design phase is far more effective than trying to retrofit privacy measures after the product has been released.
On a more granular level, this might mean setting the most privacy-friendly options as default. For instance, enabling features such as data encryption or anonymization by default can significantly reduce the risk of a data breach or non-compliance.
4. Clear and Transparent Consent Mechanisms
One of the most well-known requirements of GDPR is obtaining valid consent from individuals before processing their personal data. However, many organizations fail to grasp the full scope of this requirement. It’s not enough to have a simple checkbox on a website or app; consent must be informed, specific, and freely given.
The language used in consent requests should be clear, concise, and easy for users to understand. Overly complex or vague terms are not considered valid under GDPR. Furthermore, consent should be granular—meaning that users should be able to choose what types of processing they consent to. For instance, if you’re collecting data for both marketing and product improvement purposes, users should be able to consent to each separately.
Additionally, businesses should make it easy for individuals to withdraw their consent at any time. An easy-to-find “opt-out” feature should be available, and organizations should ensure that this withdrawal is respected immediately.
5. Training Employees and Promoting a Privacy Culture
GDPR compliance isn’t just about technological tools or legal frameworks—it’s also about fostering a culture of privacy within the organization. Employees, especially those handling personal data, must be regularly trained on GDPR principles, data protection techniques, and security measures.
Training sessions should be comprehensive, covering everything from data encryption to handling data subject access requests. Employees should also be educated about the importance of reporting potential breaches or vulnerabilities as soon as they’re noticed. An organization’s internal culture will play a pivotal role in how well GDPR compliance is maintained.
Companies should also encourage staff to actively report any potential privacy issues they notice, as this can significantly reduce the risk of non-compliance.
6. Use of Strong Encryption and Anonymization Techniques
While many businesses focus on compliance from a regulatory perspective, they sometimes overlook the technical measures that protect personal data in the first place. Strong encryption and anonymization are essential for reducing the risk of data exposure in the event of a breach.
Encryption makes data unreadable to anyone without the appropriate key, and anonymization removes personally identifiable information, which makes it impossible to trace data back to individuals. By adopting these techniques, businesses not only protect sensitive data but also reduce the scope of GDPR obligations, as anonymized data falls outside the regulation’s purview.
As we approach 2025, the use of encryption and anonymization will become even more vital, especially with the increasing reliance on cloud storage and third-party data processing services.
7. Effective Data Subject Rights Management
One of the most important aspects of GDPR is the right of individuals to control their personal data. GDPR gives individuals a range of rights, including the right to access, rectify, erase, restrict processing, and object to processing.
While many businesses are familiar with these rights, the challenge lies in having a system in place to efficiently handle requests. By 2025, it’s expected that consumers will be more aware of their data rights, making it imperative for businesses to develop robust, responsive mechanisms for managing requests.
This includes automating processes to quickly respond to data subject access requests (DSARs) within the required timeframe (usually one month) and providing clear and easy ways for individuals to exercise their rights. Additionally, businesses should ensure that the data subject’s request is thoroughly verified before making changes to any records to prevent fraudulent requests.
8. Third-Party Vendor Risk Management
Many organizations overlook the compliance obligations that come with working with third-party vendors. Under GDPR, companies are held accountable not just for their own data practices, but also for those of their third-party service providers. This means that if a third-party vendor mishandles personal data, your organization may be held liable.
To mitigate this risk, businesses must conduct thorough due diligence before engaging with any vendor. This includes reviewing their data protection practices and ensuring that they comply with GDPR requirements. Establishing clear data processing agreements (DPAs) is essential to define each party’s roles and responsibilities regarding personal data.
Additionally, organizations should regularly monitor their third-party relationships to ensure ongoing compliance. This might involve conducting annual audits or requiring vendors to provide regular reports on their data protection measures.
Conclusion
Achieving and maintaining GDPR compliance goes beyond ticking boxes and avoiding penalties—it’s about fostering a culture of privacy and respect for data subjects. By implementing these best practices, businesses can stay ahead of the curve, build trust with customers, and create a strong foundation for future data protection efforts. As GDPR continues to evolve, staying informed about emerging trends and technologies will be key to ensuring compliance and safeguarding personal data for years to come.
