The European Union General Data Protection Regulation (GDPR) replaces the Data Protection Directive 95/46/EC and was designed to harmonize data privacy laws across Europe, to protect and empower all EU citizens data privacy and to reshape the way organizations across the region approach data privacy.
At Jatana, we have made it a priority to protect the data of our clients and of our clients’ end users. We approach development of a new application thinking Privacy by Design and these principles are at the core of our platform development.
All the data that is generated and collected as a result of the interactions with our products is securely stored in data centers located with the European Union borders. This allows for easy implementation of Right to Access, Right to be Forgotten and Data Portability directives included in the upcoming EU-GDPR law.
Reliable data infrastructure is the foundation to prevent unwanted data breaches and it allows us to identify potential threats and prevent unauthorized access to customer’ data. In case of a breach in the system, the infrastructure will allow our Data Protection Officer to notify the authorities within the allocated 72 hours time window and therefore ensure compliance with EU-GDPR.
Below, is an in depth breakdown of the major changes included in the upcoming European Union Data General Data Protection Regulation (EU-GDPR):
Under the GDPR, breach notification will become mandatory in all member states where a data breach is likely to “result in a risk for the rights and freedoms of individuals”. This must be done within 72 hours of first having become aware of the breach. Data processors will also be required to notify their customers, the controllers, “without undue delay” after first becoming aware of a data breach.
Right to Access
Part of the expanded rights of data subjects outlined by the GDPR is the right for data subjects to obtain from the data controller confirmation as to whether or not personal data concerning them is being processed, where and for what purpose. Further, the controller shall provide a copy of the personal data, free of charge, in an electronic format. This change is a dramatic shift to data transparency and empowerment of data subjects.
Right to be forgotten
Also known as Data Erasure, the right to be forgotten entitles the data subject to have the data controller erase his/her personal data, cease further dissemination of the data, and potentially have third parties halt processing of the data. The conditions for erasure, as outlined in article 17, include the data no longer being relevant to original purposes for processing, or a data subjects withdrawing consent. It should also be noted that this right requires controllers to compare the subjects' rights to "the public interest in the availability of the data" when considering such requests.
GDPR introduces data portability - the right for a data subject to receive the personal data concerning them, which they have previously provided in a 'commonly use and machine readable format' and have the right to transmit that data to another controller.
Privacy by design
Privacy by design as a concept has existed for years now, but it is only just becoming part of a legal requirement with the GDPR. At it’s core, privacy by design calls for the inclusion of data protection from the onset of the designing of systems, rather than an addition.
Data protection officers
Under GDPR it will not be necessary to submit notifications / registrations to each local DPA of data processing activities, nor will it be a requirement to notify / obtain approval for transfers based on the Model Contract Clauses (MCCs). Instead, there will be internal record keeping requirements, as further explained below, and DPO appointment will be mandatory only for those controllers and processors whose core activities consist of processing operations which require regular and systematic monitoring of data
The following outlines what Jatana does as a data processor to remain compliant and what we do to help our clients be compliant.
Jatana employ individuals with vast technical expertise and experience within data security and practice industry standard to secure client’s data at rest and in transit. Our experts engage with customers, industry stakeholders, and supervisory authorities to form our services and processes to help customers meet our and our clients’ compliance needs.
PRIVACY BY DESIGN
As required under The EU General Data Protection Regulation (GDPR), Jatana ensures that any new projects or initiatives are privacy-proofed at the planning stage. Privacy considerations are an integral part of the early design of all projects plans or initiatives that involve the processing of personal data.
Privacy Impact Assessments (PIA) are conducted during the development, testing and delivery stages of any project to evaluate the origin, nature, particularity and severity of the risk to the rights and freedoms of natural persons before processing personally identifiable information. The PIA includes the measures, safeguards and mechanisms envisaged for mitigating the identified risks. The PIA process is scaled on case-by-case to the scope of the particular project.
Jatana’s Data Protection Policy clearly states our privacy commitments to our clients and their customers. Our policies and processes have been updated to reflect the GDPR and Jatana has made those updates well in advance of the GDPR to allow for our clients to conduct their compliance assessments in time for the GDPR.Any data that a customer and their users feed to our system will only be used in accordance with the customer’s instruction as described in our client agreement and in compliance with the GDPR.