What GDPR standards must a company follow?

Definition and information on GDPR : Data security and transparency

The General Data Protection RegulationGDPR) covers the entire territory of the European Union and is based on key principles:

transparency (article 12, article 11, article 30, article 22, article 14), safety (article 20, article 21, article 27, article 29, article 16) and accountability (article 23, article 25, article 31, article 37, article 15, article 28, article 32, article 33, article 36, article 35).

Its official definition highlights the protection of all personal data, ranging from a simple e-mail to a security number, collected by companies when creating a website, managing a supplier file or collecting clients contact details, in compliance with GDPR standards.

This information must be presented clearly: a " GDPR " section or dedicated summary can, for example, appear in a menu displaying a new window to detail procedures.

In addition, the Ministry for Digital Affairs and the supervisory authorities (such as the CNIL (National Commission for Information Technology and Civil Liberties)) monitor compliance with the law.

Transparency and explicit consent: Information letter and processing Accountability

The GDPR requires companies to clearly inform individuals (transparency principle) about the collection anduse of their personal data, in accordance with Article 13.

This information must be accessible via dedicated pages, such as privacy policies or legal notices on a website.

Consent must be free, informed and specific. Data processing must have a legal basis, such as consent or a contractual obligation, and the controller must ensure compliance with these standards.

For optimum transparency, we recommend the use of clearnewsletters and the ability to easily withdraw or modify consent.

Adopting the right reflexes when it comes to consent helps build user confidence in the company.

Security, personal rights and control: Protecting sensitive data

Rigorous security of processing involves protecting sensitive datae.g: security number) and maintaining a register documentingall data processed. Technical measures (encryption, strong passwords, restricted access management) and organizational measures (internal procedures, incident response plans) are required.

Individuals' rights include access, rectification and erasure; the GDPR requires a prompt response to any request (Article 12 et seq.).

Companies may also choose to carry out a short satisfaction survey after a query has been resolved, to measure the effectiveness of the process.

Finally, for international transfers, it is essential to check that the recipient countries guarantee an adequate level of protection; failing this, contractual clauses or binding company rules are used.

Appoint a Data Protection Officer at the Ministry and the CNIL (National Commission for Information Technology and Civil Liberties)

The GDPR suggests the appointment of a Data Protection Officer (DPO) when risks are high. The latter advises, trains and monitors the correct application of the rules, notably via regular audits.

These audits cover supplier file compliance , cookie manager validity and server security.

They encourage the continuous updating of measures, thus avoiding sanctions (up to 20 million euros) and preserving the organization's reputation. By adopting a proactive approach, every treatment manager proves his or her seriousness and gains a competitive advantage:

compliance with legal obligations reassures clients, partners and authorities (including the relevant ministry ); combined with appropriate website design and justified data collection, this rigorous approach builds long-term trust and consolidates business relationships.

Conducting a data protection impact assessment

The Data Protection Impact Assessment (DP IA) is an unavoidable process for any company subject to the GDPR. It is a compliance obligation aimed at assessing each processing operation according to the principle of minimization, so that only truly essential data is retained.

This approach makes it possible to identify the risks to privacy (loss, disclosure, etc.) and to put in place appropriate technical and organizational measures to protect the rights and freedoms of individuals.

Beyond its purely legal role, the AIPD encourages GDPR awareness by providing a clear vision of the lifecycle of processed information. It also facilitates the management of any data transfer, by imposing a prior risk analysis and enhancing transparency with stakeholders.

Respecting this framework strengthens confidence in data processing, while protecting the company's reputation in the face of potential financial penalties.

Implement appropriate safety measures

Under the GDPR, adopting appropriate security measures is paramount to protecting the personal data processed by a company.

This proactive Accountability drives organizations to assess risks and deploy appropriate technical and organizational solutions.

Before choosing these measures, it is crucial to carry out a risk analysis to identify vulnerabilities (intrusion, data loss, theft, etc.) and prioritize actions. Recommended solutions include :

• Encryption, making data unreadable in the event of theft;
• Firewalls and antivirus, blocking intrusion attempts and malware;
• Access management, limiting access to authorized personnel only (strong passwords, MFA).

On an organizational level, the GDPR requires staff training, clear processes for handling breaches or access requests, and a register of processing activities.

Last but not least, these measures must be continuously updated: regular audits, penetration tests and technology watch ensure that we are always ready to adapt to new threats.

Obtain clear consent from users for data processing

The GDPR requires companies to obtain clear, free and explicit consent before any processing of personal data, including when collecting data via cookies or online forms.

This principle guarantees users total control over their information, such as their telephone number or e-mail address, while reinforcing transparency and trust between companies and their clients.

Consent must be :

• Free: Users can accept or reject without pressure.
• Enlightened: The Purposes, Data retention retention periods and third parties must be clearly explained.
• Specific: Each Purpose requires a separate agreement.
• Univocal: Given by an explicit action, such as checking a box.

To comply with GDPR regulations, companies must use separate forms, written in plain language, banish pre-ticked boxes and offer a detailed choice for each Purposesuch as tracking via cookies.

In addition, they must allow users to withdraw or modify their consent easily, via a dedicated space. Any changes to purposes or privacy policies must be clearly communicated, with a new request for consent if necessary.

Failure to comply with these rules can result in severe penalties of up to €20 million or 4% of worldwide sales.

However, obtaining clear, compliant consent protects a company's reputation, boosts user confidence and offers a competitive edge, crucial in an increasingly stringent data protection context.

Respecting the rights of data subjects

The GDPR gives individuals various rights ensuring they have full control over their personal data. Respecting these rights is a legal obligation for all companies, whatever their size, to ensure their compliance with the GDPR and strengthen trust with their clients and partners.

The right of access entitles everyone to verify the use of their data and obtain a copy.

The right of rectification corrects inaccurate information, while the Right to be forgotten allows you to request the deletion of unnecessary or illegally collected data.

The right to limit processing temporarily restricts the use of information, and the right to data portability facilitates the transfer of data to another data controller. Individuals can also object to certain processing operationse.g. canvassing), refuse automated decisions (profiling) and demand clear information on company practices.

To respond effectively to these rights, management needs to put in place simple mechanisms: a dedicated e-mail address, an online form and defined internal procedures.

Requests must be processed within one month (which can be extended to two months in complex cases) and recorded in a register. Accessible and regularly updated privacy policies are also essential.

Appropriate staff training ensures that these principles are respected.

In the event of non-compliance, the financial penalties can be severe and seriously damage the organization's reputation.

Ensuring compliance for international data transfers

In a globalized world, international transfers of personal data are often essential for companies. However, the GDPR strictly frames these exchanges to guarantee a level of protection for individuals equivalent to that applied within the European Union. These rules aim to protect data against the risks associated with its transmission outside the EU, particularly in terms of unauthorized access,misuse or loss.

For an international data transfer to be compliant, several fundamental principles must be respected. Firstly, data may only be transferred to a third country or an international organization offering adequate safeguards.

This level of protection can be confirmed by an adequacy decision issued by the European Commission. Countries such as Japan, Switzerland and even Canada (in certain cases) are recognized for their compliance with European standards, thus facilitating transfers without the need for additional measures.

In the absence of an adequacy decision, companies must put in place appropriate safeguards to secure exchanges.

These include standard contractual clauses (SCCs), standardized by the European Commission, and Binding Corporate Rules (BCRs), which guarantee a uniform level of protection for multinationals operating in several jurisdictions.

These contractual mechanisms provide a framework for transfers by imposing clear obligations on the parties involved.

In specific situations, the GDPR allows transfers on the basis of exceptional derogations. For example, a transfer may be authorized if the Data subject has given his or her explicit consent or if the transfer is necessary to perform a contract.

However, these derogations should only be used as a last resort, when other options are not applicable.

To ensure compliance, companies need to adopt a rigorous approach.

This starts with a thorough needs assessment: identifying the data concerned, their destination and the reasons for the transfer. Next, they must verify that the appropriate legal bases are respected, and that the required mechanisms are in place.

It is also essential to carry out regular audits to ensure that partners located in third countries comply with the standards set by the GDPR.

At the same time, companies must ensure that they maintain full transparency towards data subjects. This includes the obligation to clearly inform users of international transfers, the guarantees implemented and any associated risks.

This transparency strengthens clients confidence and demonstrates the company's commitment to data protection.

Finally, failure to comply with the rules governing international transfers can result in substantial penalties, with fines of up to 20 million euros or 4% of worldwide sales. What's more, failure to comply can seriously damage a company's reputation, jeopardizing business relationships and clients loyalty.

Regular audits: Good reflexes and continuous compliance

Regular audits are essential to guarantee the compliance of processing operations.

These assessments help to detect loopholes, identify non-conformitiesand improve existing processes. Each audit must include consultation with internal teams and documentation of practices in accessible registers.

Audits also reinforce transparency, and may be required by government departments or the CNIL (National Commission for Information Technology and Civil Liberties) ) in the event of an inspection. Integrating these good reflexes into data management enables companies to remain proactive and avoid financial penalties.

Why carry out regular audits?

The GDPR imposes an ongoing compliance obligation on companies. Audits play a key role by making it possible to:

• Assess the current state of practices: identify any gaps between internal policies and GDPR requirements.
• Anticipate risks: Spot vulnerabilities before they lead to a data breach.
• Strengthening stakeholder confidence: Audits demonstrate the company's commitment to transparency and safety, reinforcing credibility with clients, partners and regulatory authorities.

What should a GDPR audit cover?

A GDPR audit must be structured and thorough to examine all aspects of personal data processing:

1. Check that the company has clear, documented processes for data collection, processing, Data retention and deletion.
2. Ensure that it is up to date and includes all required information, in particular the purposes of processing, categories of data, recipients and security measures.
3. Examine whether each processing operation has a valid legal basis (consent, contract, legal obligation, etc.).
4. Evaluate the mechanisms in place to enable users to exercise their rights (right of access, rectification, deletion, etc.) quickly and efficiently.
5. Analyze technical and organizational measures, such as encryption, access management, backup protocols and incident response plans.
6. Check that transfers outside the EU comply with GDPR requirements.

How to organize an effective audit?

To guarantee the effectiveness of a GDPR audit, it is important to follow a rigorous methodology:

• Plan the audit: Define a regular schedule (e.g. once a year) and identify the priority areas to be audited according to risk.
• Assemble a competent team: The audit can be carried out by an in-house Data Protection Officer (DPO), a legal department or a specialised external firm.
• Involve all stakeholders: Collaborate with IT, legal, marketing and HR teams to gather accurate information on current practices.
• Document the results: Draw up a report detailing the findings, any non-conformities identified and recommendations for remedying them.

Monitoring and continuous improvement

An audit is not just about identifying problems. It must be followed by a corrective action plan with clear priorities, designated managers and precise deadlines.

Companies also need to incorporate lessons learned to improve their practices and avoid repeating the same mistakes.

The benefits of regular audits

Regular audits offer a number of strategic advantages.

This reduces the risk of financial penalties, which can reach up to €20 million or 4% of worldwide annual sales, in the event of non-compliance.

What's more, by adopting a proactive approach, companies reinforce their brand image and their ability to respond rapidly to the expectations of regulators and users.