GDPR Compliance and Data Protection

Fundamentals of GDPR Compliance

What does GDPR compliance mean?

GDPR compliance refers to the complete adherence to all requirements of the General Data Protection Regulation (GDPR). This includes technical and organizational measures that ensure personal data is processed lawfully, fairly, and transparently and is protected from unauthorized access.

Why is data protection compliance a strategic advantage?

Data protection compliance is not only a legal obligation but also a strategic business advantage. It strengthens the trust of customers and business partners, improves your reputation, and can serve as a quality feature in competition. Additionally, you avoid substantial fines and reputational damage from data protection violations.

What are the core requirements of the GDPR?

The GDPR establishes numerous core requirements for companies: These include implementing a risk-based approach, demonstrating compliance through comprehensive documentation, fulfilling data subject rights, reporting data breaches, implementing technical and organizational protective measures, and appointing a data protection officer when required.

What risks exist in case of non-compliance?

Non-compliance with the GDPR poses significant risks: fines up to 20 million euros or 4% of annual worldwide turnover, compensation claims from affected persons, reputational damage, loss of customer trust, regulatory orders up to processing bans, and negative impacts on business relationships.

What data falls under GDPR protection?

All personal data falls under GDPR protection - information relating to an identified or identifiable natural person. This includes direct identifiers such as names and email addresses, but also indirect ones such as customer or personnel numbers, IP addresses, location data, biometric data, and information about economic, cultural, or social identity.

Who is responsible for GDPR compliance?

The responsibility for GDPR compliance lies primarily with company management. They must ensure that all processes and systems are designed in compliance with the law. The data protection officer advises and supports in this task but does not bear direct responsibility for compliance. All employees also contribute to data protection compliance through their daily actions.

Data Protection Documentation

What belongs in the record of processing activities?

The record of processing activities (ROPA) documents all processes in which personal data is processed. It must contain information about controllers, purposes of processing, categories of data subjects and data, recipients, transfers to third countries, deletion periods, and technical and organizational measures.

How do you create a legally compliant privacy policy?

A legally compliant privacy policy must be transparent, understandable, and easily accessible. It must contain all information required in Articles 13 and 14 of the GDPR, such as the identity of the controller, processing purposes, legal bases, recipients, storage duration, data subject rights, and information about cookies, tracking, and social media plugins.

When is a data protection impact assessment required?

A data protection impact assessment (DPIA) is required when data processing is likely to result in a high risk to the rights and freedoms of natural persons. This applies particularly to systematic evaluation of personal aspects, extensive processing of special categories of data, or systematic monitoring of public areas.

How must data processing agreements be designed?

Data processing agreements (DPAs) must be in writing or electronic form and regulate at least the following points: subject matter, duration, type and purpose of processing, type of data and data subjects, obligations and rights of the controller, instruction binding, confidentiality, technical and organizational measures, support obligations, and handling of sub-processors.

What documentation is needed for consent?

For consent, complete documentation is needed that proves who consented when, for what purpose, and in what way. This includes the exact text of the consent declaration, the time and manner of collection (e.g., form, opt-in box), the context, and proof of voluntariness and information provided to the data subject.

How do you document data security measures?

Documentation of data security measures includes a detailed security concept with descriptions of technical and organizational measures (TOMs), risk analyses, access concepts, encryption methods, pseudonymization procedures, emergency plans, and regular reviews. This documentation serves as proof for authorities and is part of the accountability obligation under GDPR.

Professional Data Protection Consulting

When does a company need an external data protection officer?

A company needs an external data protection officer (DPO) when it is legally required to appoint one and cannot or does not want to assign a qualified internal employee for this role. The legal obligation exists when more than 20 people are regularly engaged in the automated processing of personal data or particularly sensitive data is processed regularly.

What advantages does systematic data protection consulting offer?

Systematic data protection consulting offers numerous advantages: It ensures legal certainty through professional assessment of data protection-relevant matters, enables identification of risks and need for action, provides tailor-made solutions for your company, increases efficiency through optimized processes, and ultimately saves costs by avoiding fines and reputational damage.

How does a data protection audit work?

A data protection audit typically runs in several phases: First, there is a preliminary discussion to define the scope of the audit. Then relevant documents are reviewed and interviews are conducted with responsible persons. In the audit phase, processes, IT systems, and protective measures are analyzed. Finally, the results are documented with recommendations for action and a final meeting takes place.

What aspects does a data protection impact assessment cover?

A data protection impact assessment includes the systematic description of the planned processing operations and their purposes, the assessment of necessity and proportionality, the assessment of risks to the rights and freedoms of the affected persons, and the planned remedial measures for risk minimization. It should be continuously updated.

What content do data protection training courses offer?

Data protection training courses convey basic understanding of the GDPR and its practical implementation in daily work. Content typically includes legal foundations, handling of personal data, data subject rights, documentation obligations, data breach management, secure communication and IT use, and industry-specific particularities. The training can be designed generally or for specific departments.

How does an external DPO support with regulatory inquiries?

An external data protection officer (DPO) supports with regulatory inquiries as a competent mediator between company and supervisory authority. They answer inquiries expertly, prepare required documents, accompany on-site appointments, formulate statements, and advise on implementing regulatory orders. Through their expertise, misunderstandings can be avoided and appropriate solutions can be developed.

Data Protection Services for Your Company

Individual Data Protection Documents

We create and maintain all relevant documents such as DPAs, TOMs, policies and proofs – legally compliant and up-to-date.

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Data Protection Audit

We review your processes, contracts and documentation for GDPR compliance and help with optimization.

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External Data Protection Officer (DPO)

Appoint a certified data protection officer with us who supervises your company in a legally compliant manner and provides relief.

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Individual Privacy Policies

We create legally compliant privacy policies for your website or app – GDPR and TTDSG compliant.

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