The EU General Data Protection Regulation (“GDPR”) comes into force across the European Union onMay 25, 2018 and brings with it the most significant changes to data protection law in 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 21st Century brings with it broader use of technology, new definitions of what constitutes personal data, and a vast increase in cross-border processing. The GDPR aims to standardize data protection laws and processing across the EU;affording individuals stronger, more consistent rights to access and control their personal information. This standardization applies not only to companies based in the EU. But to a certain degree, those non-EU based companies like M1 that are potentially doing business in the EU.
M1 Data & Analytics, LLC (“M1”, “we”, “our”, “us”, or the “Company) 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 applicable data protection principles. However, we recognize our obligations in updating and expanding this program to meet the demands of the GDPR and the applicable U.S. Data Protection Laws.
M1 is dedicated to safeguarding the personal information under our control and indeveloping 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 (the “GDPR Standard”) to ensure maximum and ongoing compliance.
How We are Preparing for the GDPR
M1 already has a consistent level of data protection and security across our organization, however it is our aim to be fully compliant with the GDPR as necessary by May 25, 2018. Our preparation includes, but is not limited to:
• Information Audits - carrying out a company-wide information audit to identify and assess what personal information we hold, where it comes from, how and why it is processed, and if and to whom it is disclosed.
• Policies & Procedures– revising and/or implementing new 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 updated to meet the standards and requirements of the GDPR. Accountability and governance measures are in place to ensure that we understand and adequately disseminate and evidence our obligations and responsibilities; with a dedicated focus on privacy by design and the rights of individuals.
• Data Retention & Erasure – we have updated our retention policy 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 erasure 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 breach procedures are robust and have been (or will be) disseminated to all employees, making them aware of the reporting lines and steps to follow.
• International Data Transfers & Third-Party Disclosures – where M1 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. Our procedures include a continual review of the countries with sufficient adequacy decisions, as well as provisions for binding corporate rules; as well as standard data protection clauses or approved codes of conduct for those countries without. We carry out strict due diligence checks as necessary 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)– we have revised our SAR procedures to 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.
• Legal Basis for Processing - we are reviewing all processing activities to identify the legal basis for processing and ensuring that each basis is appropriate for the activity it relates to. Where applicable, we also maintain records of our processing activities, ensuring that our obligations under Article 30 of the GDPR and Schedule 1 of the Data Protection Bill are met.
• Privacy Notice/Policy – we have revised or are in the process of revisingour 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 or are in the process of revising our consent mechanisms for obtaining personal data, ensuring that individuals understand what they are providing, why and how we use it and giving clear, defined ways to consent to us processing their information. We have developed stringent processes for recording consent, making sure that we can evidence an affirmative opt-in, along with time and date records; and an easy to see and access way to withdraw consent at any time.
• Direct Marketing– we have revised or are in the process of revising the wording and processes for direct marketing, including clear opt-in mechanisms for marketing subscriptions; a clear notice and method for opting out and providing unsubscribe features on all subsequent marketing materials.
• Data Protection Impact Assessments (DPIA) – where we process personal information that is considered high risk, involves large scale processing or includes special category/criminal conviction data; we have developed stringent procedures and assessment templates for carrying out impact assessments that comply fully with the GDPR’s Article 35 requirements. We have implemented documentation processes that record each assessment, allow us to rate the risk posed by the processing activity and implement mitigating measures to reduce the risk posed to the data subject(s).
• Processor Agreements – where we use any third-party to process personal information on our behalf (i.e. Payroll, Recruitment, Hosting etc), we have or will be implementing compliant Processor Agreements and due diligence procedures for ensuring that they (as well as we), meet and understand their/our GDPR obligations. These measures include initial and ongoing reviews of the service provided, the necessity of the processing activity, the technical and organisational measures in place and compliance with the GDPR.
In addition to the policies and procedures mentioned above that ensure individuals can enforce their data protection rights, we provide easy to access information to clients of a person’sright to access any personal information that M1 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 restrictprocessing 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
Information Security; Technical and Organizational Measures
M1 takes the privacy and security of individuals and their personal information very seriously and takeevery reasonable measure and precaution to protect and secure the personal data that we process. We have robust information security policies and procedures in place to protect personal information from unauthorized access, alteration, disclosure or destruction and have several layers of security measures, including, but not limited to:
• Access controls and password protections
• Data encryptions
• Restriction and authentication methods
GDPR Roles and Employees
M1 has designated its Chief Operating Officer as our Data Protection Officer (DPO)and are establishing a data privacy team to develop and implement our roadmap for complying with the new data protection Regulation. The team is responsible for promoting awareness of the GDPR across the organization, assessing our GDPR readiness, identifying any gap areas and implementing any new policies, procedures and measures.
M1 understands that continuous employee awareness and understanding is vital to the continued compliance of the GDPR and have involved our employees in our preparation plans. We have implemented or are in the process of implementing an employee training program specific to the GDPR which will be provided to all employees,and forms part of our induction and training program.
If you have any questions about our preparation for the GDPR, please contact us toll free at 877-776-1197 or by email at firstname.lastname@example.org.