GDPR and the Association: Common mistakes to avoid

What is GDPR?

The GDPR and Association, General Data Protection Regulation, is an essential European regulation to guarantee the protection of personal data.

All structures, including associations, must comply with the requirements of this regulation. The GDPR imposes obligations on associations in terms of data collection, processing and security to ensure compliance with the main principles of the law, such as data minimization, theData retention retention period and respect for individuals' rights.

Any association subject to the GDPR must implement security measures to avoid sanctions from the CNIL (National Commission for Information Technology and Civil Liberties) and thus become a compliant association, protecting its members, donors and volunteers.

For an association, complying with the GDPR is essential in order to ensure the protection of its members', volunteers' and donors' data. Yet many common mistakes can compromise compliance and expose the association to sanctions from the CNIL (National Commission for Information Technology and Civil Liberties).

In this article, we identify common mistakes and best practices to ensure rigorous personal data management.

1. Do not designate a Data Controller

Every association subject to the GDPR must appoint a data controller, responsible for overseeing the collection and processing of data. This frequent error can lead to a lack of clarity and security loopholes. This controller must ensure compliance and compliance with data protection obligations. Once appointed, he or she will need to organize documentation and structure the information collected as required, following the principles of the GDPR.

2. Collect too much or unnecessary data

The principle of data minimization requires that only the necessary information be collected. Associations often make the mistake of requesting more data than required, particularly sensitive information such as health data, without valid justification.

This excessive collection goes against the main principles of the GDPR and can expose the association to legal risks. To avoid this mistake, the association must accurately assess its needs and limit the information collected to what is strictly useful, thus guaranteeing legitimate use of the data collected.

3. Neglecting data security when it comes to GDPR.

One of the key obligations of the GDPR is to ensure data security and confidentiality. Unfortunately, many associations don't have adequate security measures, such as encryption, secure passwords, or restricted access. This negligence can lead to data leaks and heavy penalties.

It is essential to put in place a solid organization to guarantee the protection of information. Regular security audits also help to detect potential vulnerabilities and correct them quickly.

4. Ignore the exercise of individual rights

Every association must inform data subjects of their GDPR rights, such as the right of access, rectification and opposition. Failing to set up a means for exercising rights, such as an accessible form, can be perceived as a lack of transparency. It is therefore fundamental to facilitate members' access to their rights.

Associations must put in place a simple, rapid procedure to ensure compliance with the regulations and clear communication with those concerned.

5. Failure to obtain explicit and informed consent

Obtaining consent from individuals for the processing of their data is an obligation. Many associations make the mistake of not providing clear and transparent information, or obtaining implied consent, which is not in line with the GDPR's main principles.

Consent must be explicit, particularly for sensitive data categories. This transparency makes it possible to establish a relationship of trust with members, and to ensure the legitimate use of the information collected.

6. Keep data too long

The duration of Data retention is often neglected. The GDPR imposes limited durations, adapted to the purposes of collection. Keeping data beyond this duration is a common offence.

For example, donor information must be archived only as long as necessary, after which it must be deleted or anonymized. Rigorous monitoring of Data retention periods helps optimize data management while ensuring compliance with legal obligations.

7. Failure to train association members on the General Data Protection Regulation.

GDPR awareness within an association is often overlooked. This underestimation can lead to poor data management and accidental breaches of the regulation. Regularly training and raising awareness of GDPR best practices among members is essential to ensure compliance. It is advisable to organize periodic training sessions and provide an internal guide to data protection measures.

8. Use data for other purposes without informing

Using personal data for purposes other than those originally intended is a mistake that can result in sanctions. Any compliant association must clearly specify the purposes of processing and inform data subjects of any changes in the use of their data. If the association intends to re-use the information for a different purpose, additional consent must be obtained to guarantee the legality of the new processing.

9. Neglect documentation and records

GDPR implementation involves rigorous documentation, including data processing registers. Many associations omit this step, forgetting that records are necessary to prove their compliance.

These documents are essential for demonstrating data protection measures to the CNIL (National Commission for Information Technology and Civil Liberties) ). Good document management also helps the association to monitor the evolution of its practices in a transparent and organized way.

10. Not inform members, beneficiaries, employees, volunteers, donors in the event of a data breach.

Finally, in the event of a data breach, it is compulsory to notify the persons concerned and the CNIL (National Commission for Information Technology and Civil Liberties) ) if the data leak may represent a risk to privacy. Many associations ignore this obligation, risking additional sanctions in the event of an inspection.

A well-defined notification procedure is therefore essential for managing security incidents.

Penalties incurred by a GDPR non-compliant association

An association that fails to comply with the GDPR exposes itself to several major risks, both legal and financial. In the event of non-compliance, the CNIL (National Commission for Information Technology and Civil Liberties) can impose significant financial penalties, of up to €20 million or 4% of the organization's global annual sales, even if the organization is non-profit.

Beyond the financial penalties, a non-compliant association also risks a loss of trust from its members, donors and partners, who may be reluctant to entrust their personal data. Data leaks or unauthorized use of personal information can also lead to legal proceedings brought by the individuals concerned, who have rights of recourse in the event of a breach of their privacy.

These consequences can tarnish the association's image and compromise its reputation, credibility and ability to mobilize human and financial resources. For all these reasons, compliance with the GDPR is an obligation not to be neglected to ensure the association's sustainability and security.

Conclusion: Ensuring sustainable, transparent compliance

For an association to remain in sustainable compliance with the GDPR, it is vital to regularly reassess its data protection practices. Continuous, proactive implementation of best practices helps to anticipate legislative developments and maintain the trust of its members.

By avoiding these common mistakes, an association can protect itself from GDPR risks and guarantee respectful, compliant data management. GDPR compliance, while demanding, is a lever of trust for members and partners, demonstrating the association's commitment to data security and protection.