It is probably one of the most used acronyms in business for the past couple of years and while the initial hype around GDPR has settled, its impact remains significant, especially for businesses dealing with data controllers, data processors, and sensitive personal information.The General Data Protection Regulation (GDPR) has transformed how businesses use personal information across the EU and the UK.
Since its implementation on 25 May 2018, organisations processing the personal data of EU citizens or EU residents have been required to comply with strict data protection regulations. While the initial hype around GDPR has settled, its impact remains significant, especially for businesses dealing with data controllers, data processors, and sensitive personal information.
If your company handles personal data on behalf of individuals in the EU, it is essential to understand the key principles of GDPR, avoid costly fines, and ensure full compliance with data protection law. In this blog we will look at how this regulation works.
Understanding GDPR: What It Means for Your Business
The GDPR defines specific rules for collecting, storing, and processing personal data. It applies to any organisation handling data of EU residents, even if the company is based outside the EU. Under GDPR, a data subject, the individual whose data is being processed, holds various rights, including access to their data, data portability, and the right to be forgotten.
Key Obligations
Consent
You must obtain clear, unambiguous consent from data subjects before collecting or processing their data. Consent must be specific for each purpose, and individuals can withdraw consent at any time.
Access Requests
Individuals can request to see all data you hold about them. You must provide this information within one month and cannot charge for the request.
Right to be Forgotten
Data subjects can request deletion of their personal data, and organizations must comply unless there is a legal reason to retain it.
Paper Trails and Record-Keeping
GDPR requires organisations to maintain a data processing record, documenting how data is collected, processed, stored, and shared.
Failure to comply with data protection laws in the UK can result in substantial fines, with penalties for serious breaches under the UK General Data Protection Regulation (GDPR) reaching up to £17.5 million or 4% of a company’s annual global turnover, whichever is greater.
GDPR Compliance Strategies
To comply with GDPR, businesses should conduct regular data protection impact assessments to evaluate potential risks associated with their data processing activities. It is essential to establish clear policies for data collection, processing, and retention, ensuring that every step of handling personal data of EU residents is well-documented and compliant with the regulation.
Maintaining audit trails for all data processing activities is another critical measure, as it provides a transparent record of how data is managed and ensures accountability. Additionally, training staff to securely handle personal data is vital, as employees play a key role in preventing breaches and ensuring compliance throughout the company.
Businesses should also regularly review data processing agreements with third-party data processors to confirm that external partners adhere to GDPR standards. By adopting data protection by design and default practices, companies can significantly reduce risk, safeguard the rights of individuals in the EU, and build stronger trust with clients.
Consequences of Non-Compliance
Ignoring GDPR requirements can lead to problems. The most significant and notable ones include:
- Heavy fines under GDPR fines provisions
- Legal action from data subjects
- Damage to brand reputation
- Loss of customer trust
For example, major corporations have faced millions of euros in fines for failing to look after personal data properly or lacking GDPR compliance measures. This illustrates the critical importance of integrating data protection legislation into daily business operations.
Enhancing Data Privacy and Security
Adopting a proactive approach to data privacy and security involves several key practices. One important measure is implementing data protection by design, ensuring that privacy considerations are integrated into systems and processes from the outset. Regularly reviewing data processing activities is also essential to identify potential risks and maintain accountability.
Additionally, businesses must ensure the secure transfer of personal data both within and outside the EU. This includes using appropriate safeguards to protect sensitive information during transmission. Equally important is maintaining compliance with relevant regulations, such as the EU General Data Protection Regulation (GDPR) and the UK Data Protection Act 2018, to uphold legal obligations.
By addressing these areas, businesses can confidently process personal data while respecting the rights of data subjects and minimising the risk of personal data breaches.
How Mexa Solutions Can Help with GDPR in Recruitment
Recruitment involves handling sensitive personal data, from CVs and application forms to background checks. Mexa Solutions helps organisations stay GDPR-compliant by implementing secure candidate data management, ensuring proper consent, and establishing clear data retention policies. This reduces risk while keeping recruitment processes efficient and legally sound.
We also review agreements with third-party recruitment platforms to ensure full compliance. By partnering with Mexa Solutions, businesses can confidently manage candidate data, protect applicants’ privacy, and maintain trust throughout the hiring process.
Final Thoughts
GDPR continues to shape how businesses handle personal data across the EU and the UK. Compliance is not optional; it is a legal requirement that protects both organisations and the individuals whose data they process.
Understanding your responsibilities as a data controller or processor, respecting data subjects’ rights, and maintaining robust data protection measures are key to avoiding penalties and building trust. Staying vigilant ensures your business remains fully compliant with the GDPR while safeguarding the personal data of EU residents.
FAQs About GDPR
Who Does GDPR Apply To?
GDPR applies to data controllers and data processors managing personal data of individuals in the EU, regardless of where the business is located. Data controllers determine why and how personal data is processed, while data processors handle the data on the controller’s behalf.
What Constitutes Personal Data?
Personal data refers to any information related to an identified or identifiable natural person, including names, email addresses, IP addresses, and special category data such as health records or financial information.
What Are the Data Subject’s Rights?
GDPR ensures that data subjects have the right to access their data, correct inaccuracies, withdraw consent at any time, request data portability and have their data erased (right to be forgotten).
What Is a Personal Data Breach?
A personal data breach occurs when data is accessed, lost, or disclosed without authorisation. Companies must notify data protection authorities within 72 hours and inform affected data subjects if there is a high risk to their rights and freedoms.
Who Should Be Appointed as a Data Protection Officer (DPO)?
Businesses involved in large-scale data processing activities or handling sensitive personal data are required to appoint a data protection officer. The DPO ensures compliance with GDPR, monitors data protection impact assessments, and serves as a point of contact for data subjects and authorities.
This blog was written by Hollie Agombar, Senior Digital Marketing Executive at Mexa Solutions.
