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The Data Processing Agreement
Answer:
Your understanding is correct. The Data Processing Agreement is meant to be send to your processors, meaning your suppliers that process data on your behalf such as payroll providers, external call centers or marketing companies sending SMS or emails on your behalf.
You can find more about controllers and processors by checking out our free EU GDPR Foundations Course https://advisera.com/training/eu-gdpr-foundations-course// -
B2B company
Answer:
Being a B2B company does not automatically mean that EU GDPR does not apply to you. You could be providing services( as a processor) to another company ( as controller) but while doing that you might be processing data of individuals. For example, a marketing company “A” performing an SMS campaign on behalf on company “B”. Company “B” would be processing data of individuals even if the individuals themselves are not customers of company “B”.
So, “directly” processing data as a controller in not the only prerequisite for the EU GDPR to be applicable to you.
Also, if you are established in the EU that would make you a controller in terms of processing data of your employees so the EU GDPR would be again applicable.
To find out more about controllers and processor you can go through our article “EU GDPR controller vs. processor – What are the differences? https://advisera.com/eugdpracademy/knowledgebase/eu-gdpr-controller-vs-processor-what-are-the-differences/ as well as our free EU GDPR Foundations Course https://advisera.com/training/eu-gdpr-foundations-course// -
GDPR data
Answer:
The personal data itself belong to the individuals (data subjects) and this is why the EU GDPR grants individuals extended rights as regard to their personal data.
The controllers only process the personal data for specific purposes using one of the six legal grounds for processing: consent, contract obligation, legal obligation, vital interests, public interest, and legitimate interest.
You can find out more about more about the individuals rights and legal basis for processing from our articles: “8 data subject rights according to GDPR “ https://advisera.com/eugdpracademy/knowledgebase/8-data-subject-rights-according-to-gdpr// and “Is consent needed? Six legal bases to process data according to GDPR” https://advisera.com/eugdpracademy/knowledgebase/is-consent-needed-six-legal-bases-to-process-data-according-to-gdpr/ -
Privacy Shield
Answer:
In addition to the controversial Privacy Shield deal with the US, the EU has adequacy agreements that allow companies to share data with Switzerland, Andorra, the Faroe Islands, Guernsey, Jersey, the Isle of Man, Argentina, Canada, Israel, New Zealand and Uruguay.
All of these agreements will be reevaluated in the near future to ensure that they up to par with the EU GDPR requirements. -
User data from 3rd party integrations
Answer:
If is reasonably possible yes. But I think is quite unlikely considering your business model.
However if the users, decide to send their data to Google Drive, Dropbox etc. then they should have the means to delete their data on their own. You may be able to facilitate that. -
Template content
We received this question:
>I read the answer..
>
>Inshort we need to make sure that all the other development projects that we undertake in the company should have risk assessment done somewhere in the project charter or project plan.
>
>or may be some document that does the project requirement analysis and identify the risks before initiating the design phase
>
>Correct me if I am wrong..
Answer: You must consider risk assessment in all phases of the projects (initiation, planing, execution, control and closing). The better way to ensure that is, as you assumed, by using a document to define how risks must be assessed and treated and when risk assessments must be performed. And the better part is that you can use the same risk assessment and treatment methodology you adopted for your organization (remember, the process is the same, either for the whole organization or for a single project, the difference being only that the project's scope is smaller than of the organization's). -
Security controls review
Answer: ISO 27001 does not prescribe how many times you need to review security controls, so you must define this periodicity based on criticality of processes, the results of risk assessments, recorded incidents and previous audit results (both internal and external).
This article will provide you further explanation about measuring and monitoring:
- How to perform monitoring and measurement in ISO 27001 https://advisera.com/27001academy/blog/2015/06/08/how-to-perform-monitoring-and-measurement-in-iso-27001/
These materials will also help you regarding measuring and monitoring:
- Book Secure & Simple: A Small-Business Guide to Implementing ISO 27001 On Your Own https://advisera.com/books/secure-and-simple-a-small-business-guide-to-implementing-iso-27001-on-your-own/
- Free online training ISO 27001 Foundations Course https://advisera.com/training/iso-27001-foundations-course/ -
Obtaining buy in for ISO 27001
1. You have an Organization where you want to implement ISO 27001 and controls
Example : I have nine information assets with threat, vulnerability and the Risk
Each asset information, there is a RISK. For this risk, you put controls, could be one control or more controls.
The stake holders will oppose for the controls, including staff members. As CISO, I have write an Statement of Applicability to the Management, indicating we have so many threats, staff do not know, how to access the risk, they not know how to interpret the results of a scan report, user awareness.
I need around 15 key points to say to the Management, why we choose ISO 27001 to implement. What are the benefits of this?
How we can convince them, these are the benefits, and if you do not implement, we will have these issues. Key points.
How we put Arguments for the resistance we have. Key points
Please provide the key points for me please.
Answer: In general way, the benefits of ISO 27001 are related to:
- Enhanced competitive edge
- Reduction on losses due to security incidents
- Reduction on fines due to legal or contractual non conformity
- Improvement of internal organization
For a more robust presentation I suggest you to pick some examples from your organization's own context so the top management can clearly understand the benefits (e.g., name competitors that do not have the certification and that you can stand ahead of them, mention incidents that already occurred and how they can be prevented, which specific laws and regulations can be better supported, etc.).
To build your presentation, I suggest you to take a look at our free download Why ISO 27001 – Awareness presentation at this link: https://info.advisera.com/27001academy/free-download/why-iso-27001-awareness-presentation
You can use this template as basis for your presentation, adjusting it accordingly your needs.
These articles will provide you further explanation about ISO 27001 benefits:
- Four key benefits of ISO 27001 implementation https://advisera.com/27001academy/knowledgebase/four-key-benefits-of-iso-27001-implementation/
- How to gain employee buy-in when implementing cybersecurity according to ISO 27001 https://advisera.com/27001academy/blog/2017/07/03/how-to-gain-employee-buy-in-when-implementing-cybersecurity-according-to-iso-27001/
These materials will also help you regarding ISO 27001 benefits:
- ISO 27001 benefits: How to obtain management support [free webinar on demand] https://advisera.com/27001academy/webinar/iso-27001-benefits-how-to-get-management-buy-in-free-webinar-on-demand/
- Book Secure & Simple: A Small-Business Guide to Implementing ISO 27001 On Your Own https://advisera.com/books/secure-and-simple-a-small-business-guide-to-implementing-iso-27001-on-your-own/ -
Article 37
(a) the processing is carried out by a public authority or body, except for courts acting in their judicial capacity; (b) the core activities of the controller or the processor consist of processing operations which, by virtue of their nature, their scope and/or their purposes, require regular and systematic monitoring of data subjects on a large scale; or EU General Data Protection Regulation Official Journal of the European Union 4 May 2016 Page 30 of 68
(c) the core activities of the controller or the processor consist of processing on a large scale of special categories of data pursuant to Article 9 and personal data relating to criminal convictions and offences referred to in Article 10.
In absence of those conditions, I suppose that the appointment of a DPO is NOT obligatory?
Answer:
Exactly, if a company/entity does not find itself in the situations described at article 37 of the EU GDPR - Designation of the data protection (https://advisera.com/eugdpracademy/gdpr/designation-of-the-data-protection-officer/) then it does not need to appoint a Data Protection Officer.
To find out more about the role of the Data Protection Officer you can check out free GDPR Foundations Course: https://advisera.com/training/eu-gdpr-foundations-course// -
Photograph and Document of Employees
2. If we do need a consent, how should that be obtained? What must it contain?
Answers:
1. Usually I advise against using employees consent as a basis for processing their personal data. It was considered and it is still considered that consent from employees in not a genuinely “freely given” since there is an imbalance between the employer and the employee and the latter tends to agree to whatever the employer wants. Also, consider that consent can be withdrawn at any time and while doing so the employee would basically make the processing activity impossible for the company.
Regarding keeping copies of documents such as drivers license or other similar documents I would use as the legal basis for processing the legitimate interest since is first of all the interest of the company in some cases if an employee has a diver`s license in certain cases for example an employee who would be driving a company car.
2. In terms of consent the EU GDPR is stricter then the Directive. Consent has to be freely given, specific, informed and unambiguous indication of the individual’s wishes. The controller must keep records so it can demonstrate that consent has been given by the relevant data subject.
Here are some conditions regarding the consent that you should consider:
1. Plain language - A request for consent must be in an intelligible and accessible form in clear and plain language and in accordance with the Directive on unfair terms in consumer contracts. Separate - where the request for consent is part of a written form, it must be clearly distinguishable from other matters.
2. Affirmative action - The consent must consist of a clear affirmative action. Inactivity or silence is not enough and the use of “pre-ticked boxes” is not permitted. However, consent through a course of conduct remains valid.
3. Consent to all purposes - If the relevant processing has multiple purposes, consent must be given for all of them. The meaning of this provision is not clear. At one extreme it might prevent mixed justifications for different activities. For example, it would not be possible to rely on performance of a contract when providing services to an individual and obtain a separate ancillary consent for direct marketing. You would need a (valid) consent for them all.
4. Unbundled consent - You cannot “bundle consent”. Where different processing activities are taking place, consent is presumed not valid unless the individual can consent to them separately. Not tied to contract - Consent is presumed not valid if it is a condition of performance of a contract.
5. Withdrawable - The individual can withdraw consent at any time and must be told of that right prior to giving consent. It should be as easy to withdraw consent as it is to give it.
You can find some template consent forms in folder 6 Managing Data Subject Rights of the GDPR & ISO 27001 Integrated Documentation Toolkit https://advisera.com/eugdpracademy/eu-gdpr-iso-27001-integrated-documentation-toolkit/
You can also find out about consent and alternative legal basis in our article “ Is consent needed? Six legal bases to process data according to GDPR” - https://advisera.com/eugdpracademy/knowledgebase/is-consent-needed-six-legal-bases-to-process-data-according-to-gdpr/
See also our free online training GDPR Foundations Course: https://advisera.com/training/eu-gdpr-foundations-course//