There are 2 issues:
1. Should we be GDPR compliant for users who have registered account with us and are not EU citizens ?
2. Should we be GDPR compliant for users who have registered account with us and are not EU citizens and don't serve EU clients?
Answer:
The key to understanding when EU GDPR is applicable is understanding the meaning of “in the Union.” The EU GDPR will only apply to personal data regarding individuals within the Union, while the nationality or habitual residence of those individuals is irrelevant. For example, a company based in the EU which is processing the data of Japanese individuals located in Japan will still need to comply with the EU GDPR. Consequently, the Japanese individuals will be benefiting from all rights according to the EU GDPR, even if these rights do not exist in their own nation’s laws.
When the data of EU citizens is processed outside of the EU by companies which are also outside the EU, then this is not considered to be “in the Union”. For example, the EU GDPR will not be applicable for a school which is based in the United States just because there is a possibility that one or several of its students would be EU citizens. In this case the processing does not take place “in the Union,” nor is the individual “in the Union”.
DPIA policy
2. And the other one, I was pretty sure that the company might be data controller and data processor, but more I`m reading about GDPR, I'm starting to think that we can be only one of them?
Answers:
1. A DPIA is an assessment of the impact of envisaged data processing operations on the protection of personal data, and more particularly an assessment of the likelihood and severity of risks for the rights and freedoms of individuals resulting from a processing operation. Under the GDPR, controllers will be required to undertake DPIAs prior to data processing - in particular processing using new technologies - which is likely to result in a high risk for the rights and freedoms of individuals (Article 35).
The GDPR provides the following non-exhaustive list of cases in which DPIAs must be carried out:
· automated processing for purposes of profiling and similar activities intended to evaluate personal aspects of data subjects;
· processing on a large scale of special categories of data or of data relating to criminal convictions and offences;
· systematic monitoring of a publicly accessible area on a large scale.
2. You can't be a processor and a controller at the same time for the same processing activities. However you can be a controller for certain activities for example HR management of your own employees and a processor for the personal data entrusted to you by other data controllers.
Provided template consist only requirements of deploying any sort of anvivirus software with auto-updates ON, but in our case it isn't enough.
The reason i ask for assistance is that we provide SMB SaaS with access for customers to terminal servers with this software installed on it, and this software has the functionality to modify clientside source code for customization needs. We dont surely know how we shall consider this threat: as a potential to execute any malware or just as a technical vulnerability (so shall refer to A.12.6).
Can you help us to complete understanding?
Answer: There is no extended template, but as a part of the toolkit you bought you can schedule a meeting with one of our experts so he can help you develop the extensions you need. To schedule a meeting, please access this link: https://advisera.com/27001academy/consultation/
Considering the information you provided, the po ssibility to modify client's side source code should be treated as a technical vulnerability, because this feature is part of how the antivirus software works to protect the assets, but may have a negative impact that must be assessed first before releasing the software on operational environment, which can be handled by controls from section A.12.6.
ISMS scope template
With the organisational user sec 3.2 do we have to list every type of unit I.E computer monitors .Key boards , Lap tops , Mouse etc etc. Also I really don’t get the how they are from units that are not in scope ? If we have a desk that is not in scope and a laptop that is on that desk that is in scope how would I document that ?
3.1 Processes and Services
Is this enough detail ? Below
Processes and services
Existing services - Pentesec will continue to deliver its services within a secure environment.
Development-Pentesec will conduct annual risk assessments to ensure that risk to information in the care of is minimalized or eliminated
Incidents – Pentesec will ensure that all systems are protected and resilient from breach by keeping firewall software and licences up to date with the latest patches to prevent entry of any malware.
Organizational units
Laptops, Docking Stations Keyboards and how they are separated from the organizational units that are not included in t he scope]
Answer: In section 3.1 you should detail the "existing services" to the services currently running (e.g., software development services, printing services, etc.).
For section 3.2 (Organizational Units) you should list the business areas included in the scope (HR department, IT department, R&D department, etc.), not the assets. As ways they are separated from units not in the scope you can mentions walls, doors, separated buildings, etc.
Included in the template there are comments with examples of how you can fill the templates. Additionally, you have access to a video tutorial that can help you fill the ISMS scope template.
Roles y responsabilidades
Respuesta:
En cuanto a la pregunta sobre cómo puede la alta gerencia valorar ISO 9001 y, por lo tanto, obtener su compromiso en el proyecto, puede organizar una reunión con la alta dirección para presentar los beneficios y los mitos de ISO 9001: 2015 y cómo son relevantes para su empresa.
Para el compromiso de los empleados, puede organizar una sesión de sensibilización con ellos presentando los mitos y los beneficios de la norma ISO 9001: 2015, así como la importancia de su papel en la implementación. Para ello, puede utilizar este documento técnico gratuito: por qué ISO 9001: 2015 - Presentación para la concienciación: https://info.advisera.com/9001academy/free-download/why-iso-9001-2015-awareness-presentation
Quality and Information Security Manager combined?
Answer:
At small IT organizations (up to 20/30 employees), normally, the same person combines the two roles.
At larger organizations, particularly if the core is not software, like manufacturing, normally, each role is performed by different persons.
The following material will provide you information about combining ISO 9001 and ISO 27001:
(1) – Who established the product requirements? Why did the customer asked for modifications? If the customer established the initial specifications and:
* now he is asking changes because those specifications were not met, that is a non-conformity;
* now he is asking changes because although the specifications were met, they are not useful during use, that is not a non-conformity.
If the initial specifications were developed by your company and were met, and t he customer is asking for changes, that is not a non-conformity about the product. Perhaps, your company could consider a non-conformity of the service: you want to improve future collection of input information for project development (not may companies follow this way)
(2) – I do not consider this situation as a non-conformity in the design. There is no agreed specification yet, many times this is a trial and error phase.
The following material will provide you information about design and development:
The EU GDPR is meant to be applicable in all instances where personal data is being processed including marketing activities as long as is business to consumer. There are no specific sections in the EU GDPR dedicated to marketing or any other processing activities for that matter.
2. Also, GDPR requires staff training, what should be the main focus of training, maintenance of privacy or any other procedures in particular.
Answers:
1. Registration to a Supervisory Authority is subject to local law. For example the ICO requires controllers to register https://ico.org.uk/about-the-ico/what-we-do/register-of-fee-payers/
2. The training should be targeted to the processing activities that your staff are dealing on their day to day activates. Of course all your staff needs to be informed on the basic principles of GDPR but some may need specific training such as marketing staff or security staff.
So far, I have not been successful to convince the top management that it would be advantageous to educate ourselves about the ISO 27001 and eventually sign to it. I intend to learn the course as soon as possible.
Dejan, perhaps you could give me some tips on how to influence the top management.
Answer: To improve your chances to get support for an ISO 27001 initiative in your organization you should provide real examples of benefits related to:
- compliance to regulations regarding data protection, privacy and IT governance applicable to the organization
- competitive differential that can be achieved by being capable to demonstrate your organization can protect customer information
- decrease in costs incurred by information related incidents
- improving internal organization
Other important point to be considered is t he presentation. For top management you should avoid using technical jargon (concentrate on business benefits).
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