The way companies handle data has never been more in the spotlight as it is now. The General Data Protection Regulation (GDPR) introduced rigorous new standards, fundamentally reshaping data privacy across the European Union and setting a benchmark worldwide. For internal communications professionals, understanding and adhering to GDPR is not just about compliance; it's about safeguarding trust and integrity within your organization.
In this blog, we will dive into what GDPR means for your employee communications strategy and how an employee communications platform helps you ensure compliance.
What is the General Data Protection Regulation?
GDPR stands for General Data Protection Regulation. This comprehensive set of regulations was enacted to enhance transparency between technology companies and consumers and, more importantly, to bolster consumer rights in keeping their data secure. Since its implementation, GDPR has initiated a significant transformation in data privacy not just within the EU but globally.
Personal data under GDPR encompasses a wide array of information that can identify an individual, including:
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Names
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Images
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Videos
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Information posted on social media
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Email addresses
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Banking information
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Medical history
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Location information and IP addresses
Adequate security measures are crucial to protecting this personal data. Poor security arrangements, as seen in the British Airways data breach, can lead to severe consequences, compromising the personal information of over 400,000 customers.
Companies found in breach of GDPR can face severe penalties, with fines up to €20 million or 4% of annual global turnover, whichever is higher. While there have been limited cases of major penalties to date, the potential financial and reputational damages are substantial.
Furthermore, GDPR’s influence extends beyond Europe. For example, in June 2018, California passed the California Consumer Privacy Act, echoing GDPR’s consumer protections.
Who needs to comply with GDPR regarding data subjects?
The European Commission states that "the GDPR applies if”:
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Your company processes personal data and is based in the EU, regardless of where the actual data processing takes place
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Your company is established outside the EU but processes personal data about the offering of goods or services to individuals in the EU, or monitors the behavior of individuals within the EU
How GDPR affects your internal communications and data processing
Internal communications often involve sharing and processing personal data among staff across various platforms and tools (e.g., emails, messaging apps, intranets). Under GDPR, any misuse or mishandling of this data can lead to significant compliance issues.
The regulation mandates that organizations must ensure personal data is processed lawfully, transparently, and for a specific purpose. Once that purpose is fulfilled, the data should be securely deleted.
Why you should follow GDPR with your internal communications
Complying with GDPR is not just a legal obligation; it's a critical component of your organizational integrity. Following GDPR helps protect your employees' data privacy and builds a culture of trust. It assures your workforce that their personal information is handled with care and respect, which can enhance employee satisfaction and loyalty. Additionally, strong data protection practices can safeguard your company from data breaches that might lead to financial loss and damage to your company's reputation.
Data subject rights and consent
Data subjects have the right to control their data, which includes the ability to access, rectify, erase, restrict processing, object to processing, and exercise data portability. Organizations must obtain explicit consent from data subjects before processing their data. This consent must be freely given, specific, informed, and unambiguous, and data subjects have the right to withdraw their consent at any time.
Additionally, organizations must inform data subjects about their rights and how to exercise them. Data protection authorities, such as the Irish Data Protection Commission, play a crucial role in ensuring that organizations adhere to these requirements, safeguarding the rights of data subjects, and maintaining the integrity of personal data processing.
Data breach notification and response
In the unfortunate event of a data breach, swift and transparent action is essential. Organizations are required to notify the relevant data protection authority and the affected data subjects without undue delay. The notification must detail the nature of the breach, the categories and approximate number of data subjects affected, and the measures taken to address and mitigate the breach.
To address this, companies must create a response plan including procedures for containing and mitigating the breach, assessing the risks, and notifying affected parties. Additionally, it should outline measures to prevent future breaches, such as implementing appropriate security measures and conducting regular security audits. The European Data Protection Board (EDPB) provides guidance on these processes, emphasizing the importance of transparency and prompt action.
Compliance and accountability
Ensuring compliance with the GDPR requires a proactive and comprehensive approach. Organizations must implement robust organizational measures, such as data protection policies, procedures, and training programs. Designating a Data Protection Officer (DPO) to oversee data protection activities and ensure compliance is also crucial, especially for organizations processing large volumes of personal data or sensitive data categories.
Moreover, organizations must take responsibility for their data processing activities, conducting regular data protection impact assessments to identify and mitigate risks. Maintaining detailed records of data processing activities is also essential. Data protection authorities, such as the Italian Data Protection Authority, play a vital role in this ecosystem. They conduct audits and investigations to ensure compliance and impose fines and penalties for non-compliance, reinforcing the importance of adhering to GDPR requirements.
Consequences of non-compliance
Non-compliance with the GDPR can have severe repercussions. Organizations that fail to comply may face fines of up to €20 million or 4% of their annual worldwide turnover, whichever is higher. Beyond financial penalties, non-compliance can lead to legal action, increased regulatory scrutiny, and significant reputational damage.
The stakes are even higher when it comes to protecting sensitive personal data, such as health data. Organizations that fail to safeguard such data may face particularly severe consequences. The GDPR underscores the importance of protecting personal data, and the European Union has established a robust framework to enforce these protections. To avoid these dire consequences, organizations must prioritize GDPR compliance and ensure that they are taking all necessary steps to protect personal data.
Short checklist: How your company can become GDPR compliant when it comes to internal communications
Achieving GDPR compliance within your company's internal communications involves several strategic steps:
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Conduct a data audit: Start by assessing all the personal data you collect and process. Understand where it comes from, how it's used, and when it's disposed of. This audit will help you identify potential risk areas.
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Minimize data usage: Apply the principle of data minimization by ensuring that only the necessary data is collected and used for specific purposes.
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Consent: As the European Commission states, obtaining employee consent for data collection is tricky. Even with clear, documented permission, the employer-employee power imbalance makes it difficult to guarantee truly "free" consent. This is because employers typically hold more power, so an employee might feel pressured to agree.
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Implement security measures: Ensure that appropriate technical and organizational measures are in place to secure personal data. This could include encryption, secure data storage solutions, and regular cybersecurity training for employees.
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Develop clear policies and procedures: Establish robust policies and procedures that comply with GDPR. This includes having clear protocols for data access, processing, and deletion. Ensure these policies are communicated effectively to all employees.
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Implement a comprehensive GDPR awareness program: This program can include regular training sessions but should extend beyond that. Consider incorporating elements like intranet messages, email reminders, or even posters to keep GDPR principles top-of-mind for employees.
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Designate a Data Protection Officer (DPO): Depending on the scale of data processing activities, appoint a DPO to oversee data protection strategies and ensure compliance with GDPR. The GDPR requires a DPO for certain organizations, such as public authorities or those processing special categories of data on a large scale. Even if not mandatory, a DPO can be a valuable asset to ensure GDPR compliance.
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Review and update regularly: GDPR compliance is not a one-time task. Regularly review and update your data protection practices, policies, and training programs to keep up with any changes in the law or shifts in the technology landscape.
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Choose GDPR-compliant communication tools: Prioritize communication tools that demonstrably adhere to GDPR. Avoid tools from large organizations whose data-handling practices raise compliance concerns. This includes, but is not limited to, services like WhatsApp.
Keeping your information safe with appropriate security measures, at all times
Today, information security lies at the heart of modern organizations. And, at Speakap, we’ve long held the view that our customers should own their data. This white paper runs through all the ways we protect and maintain the integrity and availability of our customers and our information.
Enforcement authorities, such as Ireland's Data Protection Commission, play a crucial role in upholding data protection regulations. They have imposed significant financial penalties on major tech companies like WhatsApp and Meta for GDPR violations, underscoring the serious consequences of non-compliance.
Get your free copy of our security whitepaper to discover how we handle security at Speakap and ensure the highest standards of data protection for internal communications.