GDPR Compliance Checklist: Meet EU Data Regulations
If you do business in the US and deal with data from Europe-based customers, you must play by GDPR (General Data Protection Regulation) rules. It applies to any organization, regardless of location, that processes or handles the personal data of individuals within the European Union.
But GDPR guidelines can feel complicated; if you’re looking to better understand what you need to do and where to start, this GDPR compliance checklist has answers for you.
Our checklist will break down complex GDPR regulations into manageable steps, ensuring you cover all the necessary aspects of data protection, from legal bases to data security.
What is the GDPR?
The GDPR (General Data Protection Regulation) is a European Union data privacy and security law. It sets guidelines for the collection and processing of personal information from individuals who live in and outside of the European Union (EU).
It aims to give individuals more control over their personal data and to hold companies responsible for how they handle that data. The ruleset applies to any business that processes personal data of EU residents, regardless of where it is located.
The GDPR Compliance Checklist: 2024 Edition
The GDPR checklist is split into the following 4 sections.
Lawful Basis and Transparency
- Conduct an information audit to determine what information you process and who has access to it.
- Have a legal justification for your data processing activities.
- Provide clear information about your data processing and legal justification in your privacy policy.
Data Security
- Take data protection into account at all times, from the moment you begin developing a product to each time you process data.
- Encrypt, pseudonymize or anonymize personal data wherever possible.
- Create an internal security policy for your team members and build awareness about data protection.
- Know when to conduct a data protection impact assessment and have a process in place to carry it out.
- Have a process in place to notify the authorities and your data subjects in the event of a data breach.
Accountability and Governance
- Designate someone responsible for ensuring GDPR compliance across your organization.
- Sign a data processing agreement between your organization and any third parties that process personal data on your behalf.
- If your organization is outside the EU, appoint a representative within one of the EU member states.
- Appoint a Data Protection Officer (if necessary).
Privacy Rights
Companies must ensure it’s easy for customers to:
- Request and receive all the information you have about them.
- Correct or update inaccurate or incomplete information.
- Request to have their data deleted.
- Ask you to stop processing their data.
- Receive a copy of their personal data in a format that can be easily transferred to another company.
- Object to you processing their data.
The final rule of the GDPR checklist is: If you make decisions about people based on automated processes, you have to follow a procedure to protect their rights.
If this list seems jargon-y, keep reading — below, we comprehensively explain all the points in the list.
Lawful Basis and Transparency Section of GDPR Explained
The “Lawful basis and transparency” section focuses on ensuring companies process personal data responsibly, with a clear legal justification, and in a transparent manner.
Let’s review the 3 rules.
1. Conduct an Information Audit
This rule involves reviewing all the personal data your organization collects, how it is used, and who has access to it.
The audit helps identify any unnecessary or excessive data collection and ensures data is only accessed by authorized personnel. It serves as the foundation for ensuring GDPR compliance and informs decisions on how data is processed securely and legally.
2. Legal Justification for Data Processing
Under GDPR, organizations must have a lawful basis for processing personal data. Every data processing activity must be justified under one of the conditions described in Article 6 of the GDPR.
For example, if you’re collecting email addresses to send an email marketing newsletter, you must have consent or rely on legitimate interest if appropriate.
3. Provide Clear Information in Your Privacy Policy
Transparency is key under GDPR. You need to explain in plain language how data is processed and the legal basis for doing so.
The privacy policy should:
- Describe what personal data is collected.
- Clarify why it’s collected and how it’s used.
- Declare who has access.
- Share details on safe storage.
- State the legal basis for processing.
- Inform individuals of their rights, such as access, rectification, and erasure.
This ensures data subjects are fully aware of how their data is handled and can make informed decisions about their engagement with the organization.
GDPR Rules for Data Security
The “Data Security” section of the GDPR compliance checklist emphasizes protecting personal data through robust security practices. This section outlines specific rules designed to ensure organizations handle data securely at every step of its processing.
Below, we explain the rules of this section better.
1. Take Data Protection into Account at All Times
This rule highlights the importance of “privacy by design.” From the development of a product to every instance of data processing, data protection should be a fundamental consideration.
Organizations must integrate security measures into their systems and procedures from the outset, not as an afterthought. This ensures data protection is embedded into the structure of operations.
2. Encrypt, Pseudonymize, or Anonymize Personal Data
Data should be protected by converting it into a format that makes it unusable if intercepted.
Organizations must achieve the above goals by using techniques such as:
- Encryption: Secure data by converting it into a code that requires a key to decipher.
- Pseudonymization: Replace identifiable information with placeholders, reducing the risks associated with a data breach.
- Anonymization: Remove any identifying information, making it impossible to trace the data back to an individual.
These methods ensure that if data is accessed unlawfully, it remains unusable without further decryption or re-identification processes.
3. Create an Internal Security Policy and Build Awareness
All team members must be aware of data protection requirements and actively participate in maintaining data security.
Developing an internal policy ensures consistency in how data is handled. Regular training sessions help staff understand their roles and responsibilities in protecting data. Awareness programs can focus on best practices like password management, phishing awareness, and secure data handling procedures.
4. Conduct a Data Protection Impact Assessment (DPIA)
DPIAs are necessary when data processing activities are likely to result in high risks to individuals’ privacy.
DPIAs should be conducted when:
- Large-scale data processing is involved.
- Sensitive data or data concerning vulnerable individuals is processed.
- Automated decision-making, including profiling, is in use.
This assessment identifies potential risks in data processing and provides strategies for mitigating those risks.
5. Have a Data Breach Notification Process
This rule dictates that in the event of a data breach, organizations must have a process to quickly notify the relevant supervisory authorities and affected individuals. Under GDPR, organizations have 72 hours to notify authorities after becoming aware of a breach.
The notification should include:
- The nature of the breach.
- Data affected.
- Steps taken to mitigate the impact.
- Contact information for further inquiries.
A clear and rapid response protocol minimizes the damage of a breach and complies with GDPR’s strict reporting requirements.
Accountability and Governance Guidelines in GDPR
The Accountability and Governance section focuses on ensuring organizations have clear structures in place for managing and governing data protection practices.
Read on for a better understanding of each rule in this section.
1. Designate Someone Responsible for Ensuring GDPR Compliance
Every organization must have someone accountable for GDPR compliance across the company.
This person oversees data protection processes, ensures GDPR requirements are met, and ensures compliance audits are conducted. They act as the point of contact for any data protection issues within the organization.
2. Sign a Data Processing Agreement (DPA) with Third Parties
If your organization shares personal data with third-party vendors or processors, you must have a DPA in place.
A Data Processing Agreement outlines the responsibilities of each party in protecting personal data. It ensures third parties also comply with GDPR standards, safeguarding the data you share with them. This agreement should cover aspects like security measures, data processing limitations, and breach notification procedures.
3. Appoint a Representative in the EU
Non-EU companies that offer goods or services to EU citizens or monitor their behavior must appoint a representative within an EU member state.
The representative acts as the liaison between your organization and EU data protection authorities. They must be available to answer questions about your organization’s data processing activities and handle compliance matters in relation to GDPR.
4. Appoint a Data Protection Officer (DPO)
Not all organizations are required to appoint a DPO.
This is only necessary if:
- Your core activities involve large-scale processing of sensitive personal data.
- You monitor individuals on a large scale, such as using extensive profiling or behavioral tracking.
The DPO ensures the company complies with GDPR, advises on data protection obligations, monitors compliance efforts, and serves as the point of contact for data subjects and authorities. The DPO should have expert knowledge of data protection laws and practices.
Breaking Down the Privacy Rights Section of GDPR
The Privacy Rights section of the GDPR compliance checklist ensures that individuals have control over their personal data and can exercise their rights easily.
There are 7 guidelines in this section.
1. Easy Access to Personal Information
Individuals should be able to request and obtain all personal data that a company holds about them, known as a Subject Access Request (SAR).
Companies must provide a way for customers to access their personal data. This information should be delivered promptly, typically within one month, and free of charge. This transparency builds trust and complies with GDPR’s data access requirements.
2. Ease of Correcting or Updating Inaccurate Data
Customers should be able to easily correct inaccurate or incomplete information.
GDPR grants individuals the right to rectification, ensuring any errors in their personal data are corrected without undue delay. Organizations must implement simple mechanisms to allow users to update their information.
3. Ease of Requesting Data Deletion
Customers should have an easy way to request the deletion of their data.
Known as the right to be forgotten, this allows individuals to request the erasure of their personal data under specific conditions (e.g., the data is no longer needed, or they withdraw consent). Organizations must have procedures in place to handle such requests efficiently.
4. Stopping Data Processing
Customers should be able to easily ask you to stop processing their personal data.
This covers the right to restrict processing, allowing individuals to limit the way their data is used. Companies must provide a straightforward method for customers to make these requests, especially in cases where the accuracy or legality of the data processing is contested.
5. Data Portability
Customers should be able to request their personal data in a format that can be easily transferred to another company.
The right to data portability allows individuals to receive their data in a structured, commonly used, and machine-readable format, making it easier to transfer data between service providers. This rule ensures greater control and flexibility for customers over their personal information.
6. Objections to Data Processing
Customers must be able to easily object to the processing of their personal data, particularly for marketing or profiling purposes.
Under GDPR, individuals have the right to object to data processing, especially if it’s based on legitimate interests or performed for direct marketing. Companies need to provide clear options for users to opt out of such processing.
7. Individual Rights in Automated Decision-Making
If your organization makes decisions based on automated processes (such as profiling), you need to have safeguards to protect individuals’ rights.
Individuals have the right not to be subject to automated decisions that produce legal or significant effects. Companies must allow customers to request human intervention, contest decisions, and have transparency into how automated decisions are made.
Who Does GDPR Apply to?
The GDPR extends to the following groups:
Category | Who does this include? |
---|---|
Organizations based in the EU | Any business, non-profit, or public entity established in the EU that processes personal data. |
Non-EU organizations processing EU data | This refers to companies outside the EU that process the data of individuals in the EU. This includes offering services or monitoring the behavior of EU citizens. |
Data controllers and processors | GDPR applies to entities that determine the purpose of processing and those that process data on behalf of another organization. |
Small and Medium-Sized Enterprises (SMEs) | SMEs must comply but have some exemptions, such as not being required to appoint a DPO unless handling large volumes of sensitive data. |
Government bodies | Public authorities and government organizations handling personal data are required to comply with GDPR, though some specific provisions apply. |
Are GDPR Rules Different for US Companies?
GDPR rules apply equally to both EU and non-EU companies, including those in the US, when they process the personal data of individuals within the EU.
However, there are some specific considerations that US companies must be aware of when complying with GDPR.
GDPR factors that affect US companies | What does it mean? |
---|---|
Applicability | GDPR applies to any US company offering goods or services to the EU. |
Appointment of an EU representative | US companies must appoint a representative in an EU member state. |
Cross-Border Data Transfers | When transferring personal data, US companies must ensure: ‣ They’re legally allowed to, ‣ Adequate security is implemented, ‣ Only the necessary data is transferred. |
How to Be a Compliant Email Marketer
Clearly, regulatory compliance is vital if you want to grow your email marketing audience in Europe and avoid legal repercussions.
Below, we share our best tips on conducting operations so you can legally be in the clear:
- Use the double opt-in method: Use clear opt-in forms where users actively consent to receive emails.
- Include a one-click unsubscribe link: Every email should include clear opt-out options.
- Comply with CAN-SPAM Act: For US senders, ensure your emails include a physical postal address and an easy way for recipients to opt out.
- Email authentication: Add SPF, DKIM, DMARC, and BIMI to your DNS email records.
- Implement email list management: Regularly remove inactive subscribers or invalid email addresses.
- Have an email segmentation strategy: Segmenting your list ensures your messages are more relevant.
- Use email verification tools: Email verification services can verify addresses and prevent hard bounces.
- Ensure email security: Encrypt any personal data collected from subscribers.
- Avoid deceptive email subject lines: Misleading subject lines violate CAN-SPAM and can cause legal troubles.
- Track your email sender reputation: Constantly monitor your sender score to ensure you aren’t making serious email marketing mistakes.
- Warm up email domain: If you’re using a new email domain, gradually increase your sending volume to build trust with ISPs.
- Monitor email campaign metrics: Pay attention to open rates, click-through rates, bounce rates, and spam complaints.
- Don’t be a spam email sender: Don’t bombard your subscribers with emails or send too many promotional emails.
- Ensure email accessibility: Create emails that are accessible to everyone, including people with disabilities.
Following the 14 guidelines above can make you compliant and enhance your email deliverability as well.
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Email marketers, pay attention: If you want that top-tier inbox placement, improve your knowledge to unlock better email performance.
These hand-picked topics from our blog can set you on the right path:
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Campaign Refinery: 100% in Favor of Compliance
Campaign Refinery has the best email deliverability in the industry today, thanks to a commitment to both compliance and email marketing best practices.
We kept this belief in mind while creating our Acceptable Use Policy, which aims to protect the integrity of our platform and ensure a positive experience for all email users. One of the key areas of focus in the policy is the prevention of spam and abuse.
Campaign Refinery closely monitors user accounts for signs of non-compliance, such as unusually high unsubscribe rates or complaint rates. Such metrics can indicate that a user may be engaging in practices that are harmful to their sender reputation or violating email marketing laws.
If a user consistently exceeds acceptable thresholds, we reserve the right to take action, including suspending or terminating their account.
We believe the secret to success is to put the email user first; our sky-high inbox placement is proof our philosophy works!
Apply here to join Campaign Refinery and unlock your best email marketing results today!