Mayer Brown provides this list of a few issues you should consider when checking your agreements with third parties to verify compliance with the GDPR. Companies must take appropriate technical and organizational measures to ensure GDPR-compliant data processing. The measures to be taken are highly subjective and require an assessment of the nature, scope, context and purposes of the data processing, as well as the resulting risks and levels of severity to users` privacy. In addition to implementing appropriate data protection policies, compliance with approved codes of conduct or approved certification mechanisms to demonstrate GDPR compliance can also be adopted. Companies have a responsibility to ensure that their outside workers implement these measures with the same force. The GDPR expressly requires companies to only employ subcontractors that offer sufficient safeguards for the implementation of data protection and privacy in accordance with the GDPR. Today`s consumers have more power than ever. If there is a problem with the management or use of their data, they will not point the finger at the third party responsible for the crime. You will go after the seller`s employer entirely.
According to this definition, an agreement with third parties includes undocumented, oral and handshake contracts. These could have been created recently or many years ago by someone who no longer works in your company. It doesn`t matter. These manufacturers, brokers, representatives and resellers are all considered suppliers and should be part of your assessment of agreements with third parties. Congratulations! If you`ve worked conscientiously to the end of the GDPR checklist, you`ve significantly reduced your exposure to regulatory penalties. Not all suppliers are created equal. A small consulting firm does not present the same risks as a large computer database company. The evaluation of both suppliers of the same magnitude, with the same criteria, is inefficient and inefficient. It is important to tailor third-party assessments to the size of each company. What GDPR changes are necessary in contracts with third parties? First, put your team on the same side.
This involves organising functional stakeholders, from public procurement, INFORMATION technology, finance and management, to whom suppliers – and, of course, data protection officers – will report to assist in the implementation and review of new agreements with third parties. Next, identify the critical risk categories from which you will assess new third parties: strategic, reputation-based, operational, financial, compliance, security, and/or fraud categories. If you don`t want to be in trouble for something you haven`t done, it`s essential to enter into due diligence with your agreements with third parties. Are you ready for GDPR? Our GDPR checklist can help you protect your business, protect your customers` data, and avoid costly fines for non-compliance. A step-by-step guide to compliant agreements with third parties. The General Data Protection Regulation (GDPR) contributes significantly to ensuring the protection and privacy of user data, but what about third parties, providers and other external stakeholders? The GDPR clearly states that all companies and their partners are responsible for protecting user data. Third parties are legally obliged to comply with all aspects of the Regulation in order to ensure consistency and genuine consumer protection. Primary businesses that use consumer data are responsible for enforcing all the rules listed in the GDPR across their entire network. In practice, companies should communicate their policies and procedures to their third-party partners and ensure that they are properly adhered to in order to ensure full protection through all business channels. Generally speaking, a company should never reduce the value of ethical practices to satisfy a partner or supplier. The spirit of the GDPR is in line with this fundamental premise and companies should now start tracking their partners` GDPR compliance initiatives.
That is what matters. If such contracts with third parties involve the processing of personal data, companies must ensure compliance with the GDPR.. . . .