The essential step to implement a LGPD (General Data Protection Law) compliant project and comply with the new data management rules is to thoroughly inventory the personal data being collected in your business.
Basically, it is answering questions about data use like: “What do we have? Where is it? What could be interpreted as protected information?”
This information includes anything that can be used to identify a person, such as name, phone number, address, and even whether that person prefers to use a 12-hour or 24-hour format.
But this process is not an easy job. Personal data covered by the LGPD and other new privacy laws do not only appear in well-defined database fields. Other important steps are needed to implement a GDPR-compliant project.
Data management is just the first step towards GDPR compliance
Whether created in a commercial or social context, data protection is a concept everyone should be familiar with.
While some specifics of the implementation of the data protection law’s requirements are still being defined, the introduction of the LGPD has certainly coincided with, if not provoked, an upward trend of individuals becoming more zealous about their right to privacy.
Consumer concerns about privacy mean that investing in a data protection program brings far more value than simply protecting businesses from legal action or financial penalties.
Perhaps most important when implementing a GDPR-compliant project is the need to maintain brand reputation and consumer trust.
As consumers become more willing to shift their loyalty in favor of a company that securely protects their data, businesses can confidently leverage their GDPR compliance to secure competitive advantage.
Going beyond the basics: 4 steps to implement a GDPR-compliant project
As organizations look to update the way they use data and create more efficient processes to preserve data subjects’ rights, various data protection-related activities can be consolidated into a broader information control program.
Such a program should do more than simply enshrine compliance with data protection legislation for an exercise designed to avoid regulatory fines:
- Step 1 – Governance: ensures compliance with the rules laid down by law and guides its employees.
- Step 2 – Legal: consent, contract, legal obligation, vital interests, public task and legitimate interests.
- Step 3 – Technology: data accuracy: all data held must be sensitive and up-to-date.
- Step 4 – Cybersecurity: ensure the infrastructure of the service provided, conditions for the user to be able to preserve and manage the privacy, collection and processing of their personal data.
Data protection law covers all parts of an organization’s operations. To maximize the business gains from GDPR compliance, companies should extend the breadth of their data protection programs to incorporate information security into the design of business applications and technical infrastructure.
Legislation leads to a business value proposition in data protection and privacy
The LGPD legislation mandates that at the design stage of any processing operation, as well as at the time of the processing itself, companies implement appropriate technical and organizational measures designed to implement data protection effectively and integrate the necessary safeguards for data processing.
Therefore, those responsible for developing and delivering data systems need to look at how proper implementation of privacy can promote business as well as protect it from fines, and propose this as a business enabler.
The business objective of different organizations will vary, but changes will be required at the data and code level, so this will likely need to be driven by information security professionals with a good understanding of the business.
The business benefits of privacy and data protection therefore need to be identified and presented in a commercial context as a positive enabler rather than a cost to avoid fines.
This is an opportunity for information security professionals to highlight the financial benefits that come with these enhanced security measures and engaging with the business can only help.
While the additional cost to design security is not discretionary, working on a GDPR-compliant project can increase investment support and raise the profile and perceived value of the security function, defining and developing the business maturity of the company.
Translating requirements into a successful GDPR compliant project
A high-maturity organization will have clearly defined governance roles and responsibilities, risk management agreed with managers, and data privacy risks prioritized and mitigated effectively with all the right data controls in place so that there is minimal likelihood of a data breach.
However, the benefit of reducing risk will only be achieved if it is underpinned by a deep understanding of the business, its operations, strategic initiatives and future plans.
To prevent a GDPR-compliant project from failing and to have secure buy-in to the logic of enforcing changes to data protection law, it is important to demonstrate that achieving compliance has the benefit of reducing risk.
Instead of focusing on the implications of non-compliance, companies should use business scenarios and technology tools that reduce the impact of data exposure, such as including digital signatures in their processes and technological resources.
Ultimately, business gains will be better realized if the motivation for compliance is to protect the organization, rather than external pressure for change.
EVAL has been developing projects in the financial, health, education, and industry segments for over 18 years. Since 2004, we have offered solutions for Authentication, Electronic and Digital Signature, and Data Protection. Currently, we are present in the main Brazilian banks, health institutions, schools and universities, and different industries.
With value recognized by the market, EVAL’s solutions and services meet the highest regulatory standards of public and private organizations, such as SBIS, ITI, PCI DSS, and LGPD. In practice, we promote information security and compliance, increase companies’ operational efficiency, and reduce costs.
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