The EU General Data Protection Regulation (GDPR) went into force across the European Union on May 25, 2018 and brings with it the most significant changes to data protection law in two decades. Based on privacy by design and taking a risk-based approach, the GDPR has been designed to meet the requirements of the digital age.
The new regulation aims to standardize data protection laws and processing across the EU, establish new definitions of what constitutes personal data and improve cross-border processing. This provides individuals with stronger, more consistent rights to access and control their personal information.
Datix is committed to ensuring the security and protection of the personal information that we process and to provide a compliant and consistent approach to data protection. We have always had a robust and effective data protection program in place which complies with existing law and abides by the data protection principles. However, we recognise our obligations in updating and expanding this program to meet the demands of the GDPR.
Datix is dedicated to safeguarding the personal information under our remit and in developing a data protection regime that is effective, fit for purpose and demonstrates an understanding of and appreciation for the new regulation. Our preparation and objectives for GDPR compliance have been summarized in this statement and include the development and implementation of new data protection roles, policies, procedures, controls and measures to ensure maximum and ongoing compliance.
How We Prepared for the GDPR
Datix already has a consistent level of data protection and security across our organization. We were fully compliant with the GDPR by May 25, 2018.
Our preparation included:
- Policies & Procedures – We established data protection policies and procedures to meet the requirements and standards of the GDPR and any relevant data protection laws, including:
- Data Protection – Our main policy and procedure document for data protection has been overhauled to meet the standards and requirements of the GDPR. Accountability and governance measures are in place to ensure that we understand and adequately disseminate our obligations and responsibilities, with a dedicated focus on privacy by design and the rights of individuals.
- Data Retention & Deletion (Erasure) – We have updated our retention policy and schedule to ensure that we meet the “data minimization” and “storage limitation” principles and that personal information is stored, archived and destroyed compliantly and ethically. We have dedicated deletion procedures in place to meet the new “Right to Erasure” obligation and are aware of when this and other data subject’s rights apply, along with any exemptions, response timeframes and notification responsibilities.
- Data Breaches – Our breach procedures ensure that we have safeguards and measures in place to identify, assess, investigate and report any personal data breach at the earliest possible time. Our procedures are robust and have been disseminated to all employees, making them aware of the reporting lines and steps to follow.
- International Data Transfers & Third-Party Disclosures – Datix mainly stores or transfers personal information outside the EU. We have robust procedures and safeguarding measures in place to secure, encrypt and maintain the integrity of the data. We carry out strict due diligence checks with all recipients of personal data to assess and verify that they have appropriate safeguards in place to protect the information, ensure enforceable data subject rights and have effective legal remedies for data subjects where applicable.
- Subject Access Request (SAR) – Our SAR procedures accommodate the revised 30-day timeframe for providing the requested information and for making this provision free of charge. Our new procedures detail how to verify the data subject, what steps to take for processing an access request, what exemptions apply and a suite of response templates to ensure that communications with data subjects are compliant, consistent and adequate.
- Privacy Notice/Policy – We have revised our Privacy Notice(s) to comply with the GDPR, ensuring that all individuals whose personal information we process have been informed of why we need it, how it is used, what their rights are, who the information is disclosed to and what safeguarding measures are in place to protect their information.
- Obtaining Consent – We have revised our consent mechanisms for obtaining personal data, ensuring that individuals understand what they are providing (by filling out relevant information to download or submit requests), why and how we use it and giving clear, defined ways to consent to us processing their information. We have developed an affirmative opt-in and a visible and accessible way to withdraw consent at any time.
- Direct Marketing – We have revised the wording and processes for direct marketing, including clear opt-in mechanisms for marketing subscriptions, a clear notice and method for opting out and unsubscribe features on all subsequent marketing materials.
- Data Protection Impact Assessments (DPIA) – We do not retain nor process personal information that is considered high risk, involves large scale processing or includes special category/criminal conviction data; therefore, we are fully in accordance with the GDPR’s Article 35 requirements.
- Processor Agreements – Where we pass along to any third party to process your company information on your behalf (e. Credit Card Processing), we have drafted compliant Processor Agreements and due diligence procedures for ensuring that they (as well as we), meet and understand their/our GDPR obligations.
- Special Categories Data – We do not obtain and process any special category information; therefore, we are in complete compliance with the Article 9 requirements.
Data Subject Rights
In addition to the policies and procedures mentioned above that ensure individuals can enforce their data protection rights, we provide easy to access information via the Dynamics 365 Business Central extensions (also known as Apps) where you can see what information has been captured regarding your use of our software. Additionally, you may email us at firstname.lastname@example.org. We do adhere to an individual’s right to access any personal information that Datix processes about them and to request information about:
- What personal data we hold about them
- The purposes of the processing
- The categories of personal data concerned
- The recipients to whom the personal data has/will be disclosed
- How long we intend to store your personal data for
- If we did not collect the data directly from them, information about the source
- The right to have incomplete or inaccurate data about them corrected or completed and the process for requesting this
- The right to request erasure of personal data (where applicable) or to restrict processing in accordance with data protection laws, as well as to object to any direct marketing from us and to be informed about any automated decision-making that we use
Datix takes the privacy and security of individuals and their personal information very seriously and takes every reasonable measure and precaution to protect and secure the personal data that we process. We have robust systems in place to protect personal information from unauthorised access, alteration, disclosure and destruction.