The effects of the GDPR

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The document discusses the General Data Protection Regulation (GDPR) which takes effect in May 2018. It defines personal data and the rights of data subjects. Companies that collect or process personal data of EU citizens must comply with GDPR rules around obtaining consent, providing access/updates/deletions to data, and protecting personal data. The document recommends companies take an action plan to review their data collection and storage practices, put security measures in place, and prepare to respect individuals' rights to their personal data.

Technology

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The effects of the GDPR
A closer look at what it is and what developers can do

© 2017, iText Group NV, iText Software Corp., iText Software BVBA
Introduction
Michaël Demey
Developer @ iText Software
@MyMilkedEek

© 2017, iText Group NV, iText Software Corp., iText Software BVBA
Disclaimer
I’m not a lawyer or attorney

© 2017, iText Group NV, iText Software Corp., iText Software BVBA
What is GDPR
General Data Protection Regulation

© 2017, iText Group NV, iText Software Corp., iText Software BVBA
Regulation, not a directive
Directives need national implementation
Regulation doesn’t
 Side-note: there are areas that do need national implementation

© 2017, iText Group NV, iText Software Corp., iText Software BVBA
Natural person
Natural Person = EU citizen
Also known as a “Data subject”

© 2017, iText Group NV, iText Software Corp., iText Software BVBA
Personal data
Personal data is data or information that can be traced back to a data subject

© 2017, iText Group NV, iText Software Corp., iText Software BVBA
Obvious stuff
Name
Address
National ID number
…

© 2017, iText Group NV, iText Software Corp., iText Software BVBA
Critical stuff
Medical records
DNA

© 2017, iText Group NV, iText Software Corp., iText Software BVBA
Less obvious stuff
IP address
E-mail address
RFID
HR information
…

© 2017, iText Group NV, iText Software Corp., iText Software BVBA
Other actors
Data controllers
Companies/organisations collecting the data
Data processors
Companies/organisations processing that data

© 2017, iText Group NV, iText Software Corp., iText Software BVBA
Who does the GDPR affect
Any company targetting EU citizens (data subjects)
Regardless of where the company is located
 US, Asia, …
Focus is on the EU citizen

© 2017, iText Group NV, iText Software Corp., iText Software BVBA
Directive of 1995
Already pretty progressive, but outdated
GDPR is replacement with new technology and actors in mind

© 2017, iText Group NV, iText Software Corp., iText Software BVBA
GDPR timeframe
2016!
But only enforced starting May 2018

© 2017, iText Group NV, iText Software Corp., iText Software BVBA
Fines
Hot topic with lots of scaremongering and confusion
“Up to X million euro or x % of global revenue!”
Technically true but EU will not hand these out willy-nilly
“Be the carrot, not the stick”

© 2017, iText Group NV, iText Software Corp., iText Software BVBA© 2017, iText Group NV, iText Software Corp., iText Software BVBA
Collection of data

© 2017, iText Group NV, iText Software Corp., iText Software BVBA
Rules for collection
Intent must be stated
There needs to be a clear goal and purpose to the collection of data
Duration of storage

© 2017, iText Group NV, iText Software Corp., iText Software BVBA
Consent
Has to be explicitly given by the user
Not sufficient are
Silence or inactivity
Pre-ticked checkboxes
Without consent, you’re not allowed to collect data
Can be withdrawn at any point

© 2017, iText Group NV, iText Software Corp., iText Software BVBA
No consent
Access to or use of website/application content must not be restricted if data
subject doesn’t consent, if the data isn’t necessary to operate

© 2017, iText Group NV, iText Software Corp., iText Software BVBA

© 2017, iText Group NV, iText Software Corp., iText Software BVBA© 2017, iText Group NV, iText Software Corp., iText Software BVBA
Rights of the data subject

© 2017, iText Group NV, iText Software Corp., iText Software BVBA
Access
All data subjects should be able to access the data a company has on them
In a readable, usable format

© 2017, iText Group NV, iText Software Corp., iText Software BVBA
Update
All data subjects should be able to update their personal data

© 2017, iText Group NV, iText Software Corp., iText Software BVBA
Deletion
Data subjects should be able to request a deletion of their data
Very specific exceptions when it comes to complying to this request
Biggest issue when reading blogs and articles

© 2017, iText Group NV, iText Software Corp., iText Software BVBA
The “right to be forgotten”

© 2017, iText Group NV, iText Software Corp., iText Software BVBA© 2017, iText Group NV, iText Software Corp., iText Software BVBA
Action plan!
“Design by privacy”

© 2017, iText Group NV, iText Software Corp., iText Software BVBA
First things first
Talk to your management
Make sure they’re aware of this
There might already be a plan

© 2017, iText Group NV, iText Software Corp., iText Software BVBA
Collect information
List of all data captured
What do you capture
Why is it captured
 Is it necessary?
Where is it stored
How long is it stored
How is it stored
 Has it been secured?

© 2017, iText Group NV, iText Software Corp., iText Software BVBA
Tools
Check your used tools
CRM
Bug trackers
Marketing tools
These are usually externally developed and/or hosted
Make sure these are compliant

© 2017, iText Group NV, iText Software Corp., iText Software BVBA
Breach Policy
There needs to be a breach policy in place
What to do, who to contact, etc. when a breach has been detected

© 2017, iText Group NV, iText Software Corp., iText Software BVBA
Measurements
Pseudonymize personal data
Encryption!
Take as many precautions as possible when storing data
Already implement (or prepare) ways for data subjects to use their rights

© 2017, iText Group NV, iText Software Corp., iText Software BVBA© 2017, iText Group NV, iText Software Corp., iText Software BVBA
Summary

© 2017, iText Group NV, iText Software Corp., iText Software BVBA
Summary
EU citizen focus
Change in mentality -> design by privacy
Use common sense
Intent and actions are the key factor

© 2017, iText Group NV, iText Software Corp., iText Software BVBA
Thank you!
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The effects of the GDPR

1. © 2017, iText Group NV, iText Software Corp., iText Software BVBA© 2017, iText Group NV, iText Software Corp., iText Software BVBA The effects of the GDPR A closer look at what it is and what developers can do

5. © 2017, iText Group NV, iText Software Corp., iText Software BVBA Regulation, not a directive Directives need national implementation Regulation doesn’t  Side-note: there are areas that do need national implementation

11. © 2017, iText Group NV, iText Software Corp., iText Software BVBA Other actors Data controllers Companies/organisations collecting the data Data processors Companies/organisations processing that data

12. © 2017, iText Group NV, iText Software Corp., iText Software BVBA Who does the GDPR affect Any company targetting EU citizens (data subjects) Regardless of where the company is located  US, Asia, … Focus is on the EU citizen

15. © 2017, iText Group NV, iText Software Corp., iText Software BVBA Fines Hot topic with lots of scaremongering and confusion “Up to X million euro or x % of global revenue!” Technically true but EU will not hand these out willy-nilly “Be the carrot, not the stick”

17. © 2017, iText Group NV, iText Software Corp., iText Software BVBA Rules for collection Intent must be stated There needs to be a clear goal and purpose to the collection of data Duration of storage

18. © 2017, iText Group NV, iText Software Corp., iText Software BVBA Consent Has to be explicitly given by the user Not sufficient are Silence or inactivity Pre-ticked checkboxes Without consent, you’re not allowed to collect data Can be withdrawn at any point

19. © 2017, iText Group NV, iText Software Corp., iText Software BVBA No consent Access to or use of website/application content must not be restricted if data subject doesn’t consent, if the data isn’t necessary to operate

25. © 2017, iText Group NV, iText Software Corp., iText Software BVBA Deletion Data subjects should be able to request a deletion of their data Very specific exceptions when it comes to complying to this request Biggest issue when reading blogs and articles

29. © 2017, iText Group NV, iText Software Corp., iText Software BVBA Collect information List of all data captured What do you capture Why is it captured  Is it necessary? Where is it stored How long is it stored How is it stored  Has it been secured?

30. © 2017, iText Group NV, iText Software Corp., iText Software BVBA Tools Check your used tools CRM Bug trackers Marketing tools These are usually externally developed and/or hosted Make sure these are compliant

32. © 2017, iText Group NV, iText Software Corp., iText Software BVBA Measurements Pseudonymize personal data Encryption! Take as many precautions as possible when storing data Already implement (or prepare) ways for data subjects to use their rights

Editor's Notes

So, what is the GDPR? It stands for “General Data Protection Regulation”. Which is a mouthful, but it already gives you an idea on what it’s trying to achieve. I’ve pasted part of the introduction text of the legislation so that we can start our dive into what the GDPR is. As a side note, if you’re interested in reading the full tekst, please do so. I found it quite accessible and easy to read. It’s not in my top 10 of things I’ve read this year, but it’s at least easy on the brain. READ TEKST So, let’s pull that apart and check what it actually means.
First thing we notice is that it’s a regulation. Not a directive. For people not familiar with EU legislation, directives are similar to interfaces. You still need an implementation, which is done on a national level.

The effects of the GDPR

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Editor's Notes