Securiti Named a 2022 Cool Vendor in Data Security by Gartner
Download NowBlogs
Published on August 10, 2021 AUTHOR - Privacy Research Team
The European Union’s General Data Protection Regulation (GDPR) is designed to protect European Union’s residents in relation to the processing of their personal data. It treats natural persons including consumers as well as employees equally and grants them several rights and safeguards.
This article provides a complete guide to the Human Resource Management team of an organization aiming to comply with the GDPR. Let’s first look into some of the key provisions of the GDPR that a Human Resources Management team must consider while handling employees’ personal data:
As per Article 6 of the GDPR, data controllers must have a legal basis to process personal data. For most data processing happening under workplace circumstances, the legal basis cannot be the employee’s consent because of the imbalance of power between an employer and employee. The employee may worry that his/her refusal to consent may have severe negative consequences on his/her employment relationship. As a result, the employee’s consent cannot be considered to be freely given.
Employers can rely on an employee's consent only in very few exceptional circumstances such as to retain job applicant’s data for future roles as there are no adverse consequences on the employment relationship for refusal. Such consent must be freely given, specific, informed, unambiguous and documented.
However, in the context of work , employers should rely on other lawful bases as indicated in Article 6 of the GDPR. The most common legal bases relied upon by employers are the performance of the employment contract, the legitimate interests of the employer, and the compliance with a legal obligation to which the employer is subject. Employers must apply the principles of proportionality and subsidiarity regardless of the applicable legal basis for processing employees’ personal data.
Article 5 of the GDPR sets out 7 key data protection principles that all data controllers need to abide by. These data protection principles are:
The employer must ensure complete compliance with all of the above-mentioned data protection principles when it comes to handling employees’ personal data. This would include employers’ obligation to notify its employees of the existence of any monitoring activity (or any surveillance if carried out), the purposes for which the personal data is to be processed for and any other information necessary to guarantee fair processing.
Article 25 of the GDPR requires employers to implement the principles of data protection "by design and default" in all data processing activities and projects. As an example, where an employer issues devices to employees, the most privacy-friendly solutions should be selected if tracking technologies are involved. Data minimization must also be taken into account.
Article 35 of the GDPR requires data controllers to conduct data protection impact assessments where data processing is likely to result in a high risk to data subjects. In an employment context, the employer must carry out a DPIA before using new technologies or where data processing is likely to result in a high risk to the fundamental rights and freedoms of employees.
A DPIA is necessary for the following situations:
(1) Systematic and extensive evaluation of personal data or profiling.
(2) Processing on a large scale of personal data relating to criminal convictions and offences.
(3) Systematic monitoring of publicly accessible areas on a large scale.
(4) The use of newer technologies and biometric procedures.
As per Article 30 of the GDPR, the employer must maintain records of data processing activities under its responsibility. This obligation does not apply to enterprises employing fewer than 250 persons unless the processing it carries is likely to result in a risk to the rights and freedoms of data subjects, the processing is not occasional, or the processing includes special categories of data or relates to criminal convictions and offences.
These records can be audited at any time to see if the organization is compliant with the GDPR.
As per Articles 33 and 34 of the GDPR, employers must notify personal data breaches to the regulatory authority where a breach is likely to result in a risk to the rights and freedoms of employees. They must notify not later than 72 hours after having become aware of the breach. Where such risk is high, the employer must notify impacted employees without undue delay.
Securiti’s Data Breach Management Solution swiftly identifies compromised data and impacted data subjects in a security incident. It utilizes built-in privacy research to help organizations deliver breach notifications within hours of a security incident.
While sharing an employee's personal data with external third parties and vendors such as HR services, security contractors or medical insurance services, etc, the employer must assess their privacy practices and their third-party/vendor’s compliance with GDPR’s requirements. It is best practice to have contractual agreements containing safeguards for the protection of the transferred data.
Securiti’s Vendor Management Solution allows organizations to assess their vendors based on a predefined risk score and also offers a centralized process to assess how compliant the third-party vendors are with the GDPR.
Given cross-border data protection requirements in the GDPR (Article 44 to 50), companies must ensure that personal data transfers to a third country outside the EU take place only where an adequate level of protection is ensured and that the data shared outside the EU and subsequent access by other entities within the group remains minimally necessary for the intended purposes.
Securiti offers an all-encompassing and comprehensive Schrems-II solution to enable companies to conduct effective cross-border data transfer risk assessments, identify and review data transfers from the EU and remediate discovered vendor risks.
As per Articles 12 to 23 of the GDPR, an employee has the following rights in relation to his/her personal data:
(1) Right to Information
(2) Right of Access
(3) Right to rectification
(4) Right to erasure
(5) Right to restriction of processing
(6) Right to data portability
(7) Right to object
(8) Right to automated individual decision-making including profiling
Employers are required to fulfill the DSR requests of their employees within stipulated deadlines.
Securiti offers the DSR Automation Solution to help organizations honor all rights and simplify the process of exercising these rights. This process turns manual work into an automated system that will help enterprises swiftly process data subject requests and enable coordination between stakeholders for reviews and approvals.
As per Article 88 of the GDPR, member states may provide for more specific rules with respect to the processing of employees’ personal data. Therefore, employers must also look into national and local employment laws relevant to their jurisdiction while handling employees’ personal data.
HR Management must meet the requirements of the afore-mentioned provisions of the GDPR. To achieve compliance, organizations need to operationalize their processes.
This can be done in the following ways:
Performing these tasks through manual methods can increase the risk of human error, not to mention the time and money to complete them. Organizations are advised to incorporate automation that can simplify and speed up the compliance process.
Securiti’s Sensitive Data Intelligence Solution can help your organization to discover, analyze, and protect large datasets. It offers you a 360 solution to all your compliance needs. See a demo of our Sensitive Data Intelligence solution and let Securiti help you on your road to GDPR compliance.
Securiti also offers automated data mapping, DSR rights fulfillment, data breach management and security controls to help you comply with the obligations required by the GDPR.
June 21, 2022
When the California Privacy Rights Act (CPRA) comes into effect, replacing the existing California Consumer Privacy Act (CCPA), organizations will have to change their current business practices around personal information handling. One significant change will be Regular Risk...
June 12, 2022
Thailand's Personal Data Protection Act (the "PDPA") is a comprehensive data privacy law that aims to protect the privacy of Thailand’s citizens. The PDPA was said to go into effect on 27 May 2020. However, the PDPA went...
June 3, 2022
Data privacy laws have gained increased importance worldwide in the past couple of years. Multiple factors have played a role in this phenomenon, the most important being the necessity to protect users’ data, freedom, and rights to privacy....
[email protected]
PO Box 13039,
Coyote CA 95013
Break Silos of Sensitive Data & Risk Understanding across Multicloud and self managed systems. Common grammar, policies and reporting
Key Features
Find data assets, and discover personal and sensitive data in structured and unstructured data systems, across on-premises and multi-cloud.
Key Features
Classify & label data to ensure appropriate security controls are enabled on most sensitive data in your organization
Key Features
Collect, organize, enrich and build a data catalog to address privacy, security and governance solutions
Key Features
Connect to structured and unstructured data sources and automatically discover and build a relationship map between personal data and its owner.
Key Features
Assess risk scores for every data asset, asset location, or personal data category
Key Features
Auto discover personal data in Snowflake and enforce access governance
Key Features
Auto discover personal data in Snowflake and enforce access governance
Key Features
Discover, classify, manage and protect sensitive data in Workday. Automate data subject rights fulfillment and maintain compliance with regulations such as GDPR, CCPA, LGPD, PCI and more.
Key Features
Discover, classify, manage and protect sensitive data in Box. Automate data subject rights fulfillment and maintain compliance with regulations such as GDPR, CCPA, LGPD, PCI and more.
Key Features
Discover, classify, manage and protect sensitive data in Slack. Automate data subject rights fulfillment and maintain compliance with regulations such as GDPR, CCPA, LGPD, PCI and more
Key Features
Discover, classify, manage and protect sensitive data in Github. Automate data subject rights fulfillment and maintain compliance with regulations such as GDPR, CCPA, LGPD, PCI and more.
Key Features
Discover, classify, manage and protect sensitive data in Jira. Automate data subject rights fulfillment and maintain compliance with regulations such as GDPR, CCPA, LGPD, PCI and more.
Key Features
Discover, classify, manage and protect sensitive data in Dropbox. Automate data subject rights fulfillment and maintain compliance with regulations such as GDPR, CCPA, LGPD, PCI and more.
Key Features
Discover, classify, manage and protect sensitive data in SAP Successfactors. Automate data subject rights fulfillment and maintain compliance with regulations such as GDPR, CCPA, LGPD, PCI and more.
Key Features
Discover, classify, manage and protect sensitive data in Servicenow. Automate data subject rights fulfillment and maintain compliance with regulations such as GDPR, CCPA, LGPD, PCI and more.
Key Features
Discover, classify, manage and protect sensitive data in Zendesk. Automate data subject rights fulfillment and maintain compliance with regulations such as GDPR, CCPA, LGPD, PCI and more.
Key Features
Discover, classify, manage and protect sensitive data in Apache Hive. Automate data subject rights fulfillment and maintain compliance with regulations such as GDPR, CCPA, LGPD, PCI and more.
Key Features
Discover, classify, manage and protect sensitive data in Apache Spark SQL. Automate data subject rights fulfillment and maintain compliance with regulations such as GDPR, CCPA, LGPD, PCI and more.
Key Features
Discover, classify, manage and protect sensitive data in Cassandra. Automate data subject rights fulfillment and maintain compliance with regulations such as GDPR, CCPA, LGPD, PCI and more.
Key Features
Discover, classify, manage and protect sensitive data in Couchbase. Automate data subject rights fulfillment and maintain compliance with regulations such as GDPR, CCPA, LGPD, PCI and more.
Key Features
Enable privacy by design through the AI driven PrivacyOps platform
Key Features
Maintain your Data Catalog with continuous automated updates
Key Features
Automate data subject rights request fulfillment and maintain proof of compliance
Key Features
Connect to structured and unstructured data sources and automatically discover and build a relationship map between personal data and its owner.
Key Features
Audit once and comply with many regulations. Collaborate and track all internal assessments in one place.
Key Features
Automation of privacy assessment collection from third parties, collaboration among stakeholders, follow-ups and compliance analytics.
Key Features
Automate global cookie consent compliance.
Key Features
Simplify and automate universal consent management.
Key Features
Automate the incident response process by gathering incident details, identifying the scope and optimizing notifications to comply with global privacy regulations.
Key Features
Keeping privacy notices up-to-date made easy
Key Features
Operationalize GDPR compliance with the most comprehensive PrivacyOps platform
Key Features
Operationalize CCPA compliance with the most comprehensive PrivacyOps platform
Key Features
Revolutionize LGPD compliance through PrivacyOps
Key Features
Identify data risk & enable protection and control
Key Features
Discover data assets, detect & catalog sensitive data in it
Key Features
Classify and label data to ensure appropriate security controls
Key Features
Monitor data security posture and identify external and internals risks to data security
Key Features
Policy based alerts and remediations to protect data from external and internal threats
Key Features
Investigate data security issues and take remediation actions
Key Features
Snowflake is a cloud based data warehouse that allows organizations to run large scale data analytics projects to uncover business insights, run or train machine learning models, and modernize their data infrastructure.
Key Features
Microsoft O365 is the ubiquitous productivity suite for every business worker. Users rely on Office products such as OneDrive and SharePoint to collaborate with their co-workers.
Key Features
Organizations want to migrate their on-premises data to cloud data stores to take advantage of scale and flexibility while reducing operational cost of managing on-premises infrastructure. However, due to privacy regulations such as GDPR, CCPA administrators have to ensure that data is migrated in compliance with these laws.
Key Features
Protecting sensitive content is a priority for all organizations, however, due to volume of sensitive content and
Key Features
While data aids in business decision making, global privacy regulations such as GDPR, CPRA require organization to identify personal & sensitive data & use only for its intended purpose and implement adequate protection.
Key Features
The CDMC Framework sets up controls that companies should put in place, and establishes clear guidelines around data accountability, governance, classification, usage, protection and privacy.
CDMC Framework
Securiti enables organizations to meet multiple regulations around the world and helps with compliance requirements through AI-driven PI data discovery, DSR automation, documented accountability, enhanced visibility into data processing activities and AI-driven process automation.
Securiti is a complete PrivacyOps Solution.
View all solutionsThe California Consumer Privacy Act (CCPA) was signed into law on June 28, 2018 and is scheduled to come into effect on January 01, 2020. Often compared to GDPR, CCPA protects consumers from mismanagement of their personal data and gives the consumer control over what data is collected, processed, shared or sold.
Key Features
The California Privacy Rights Act (CPRA) will take effect from January 1, 2023, and will apply to personal information collected on or after January 1, 2022. Enforcement of the CPRA will start six months later (July 1, 2023). The CPRA builds upon the CCPA, strengthening user privacy for California residents.
Key Features
The EU General Data Protection Regulation (GDPR) came into effect on May 25, 2018 and changed the global privacy landscape. It has broadened the definition of processing activities and personal data, impacting companies worldwide, and has tightened the rules to obtain consent before processing information.
Key Features
The Lei Geral de Proteção de Dados (LGPD) is modeled with similarities to the General European Data Protection Regulation (GDPR) and contains sixty-five articles. It was approved on August 14, 2018 and its validity has undergone several changes, the last relevant fact being MPV 959. LGPD is in effect since September 18, 2020. The sanctions by the ANPD (Brazilian Data Protection Authority) were postponed to August 2021. The LGPD allows people have more rights over their data and expects organizations to comply with their regulations or face heavy penalties or fines.
Key Features
China has complex data protection and data security regime, however, the following are three main laws that primarily cover China’s data protection and data security regulatory framework. These laws are:
Frameworks
UAE have number of laws in place that govern privacy as well as data security in the UAE. Some of those includes:
Frameworks
The government of New Zealand has recently replaced its long-existing Privacy Act of 1993 with a modernized version, the Privacy Act 2020. The New Zealand Privacy Act 2020 (NZPA) will take effect from December 1, 2020.
Key Features
The Personal Data Protection Act, B.E. 2562 (2019) ('PDPA') is Thailand's first consolidated data protection law, which was published in the Thai Government Gazette on 27 May 2019. This law was said to go into effect on 27 May 2020. However, in May 2020, the Thai Cabinet through a Royal Decree has deferred the enforcement of certain data protection provisions of the PDPA until 31 May 2021.
Key Features
In order to protect the data of individuals in South Africa, Parliament assented to the Protection of Personal Information Act (POPIA) on 19th November 2013. The commencement date of section 1, Part A of Chapter 5, section 112 and section 113 was 11 April 2014. The commencement date of the remaining sections (excluding section 110 and 114(4)) was 1st July 2020. As per the Regulator’s Operational Readiness Plan the Regulator will be able to take enforcement actions for the violation of POPIA by July 1st 2021.
Key Features
Singapore’s Personal Data Protection Act (PDPA) comprises various provisions governing the collection, disclosure, use, and care of personal data. It recognizes the rights of individuals to have more control over their personal data and the needs of organizations to collect, use, or disclose personal data for legitimate and reasonable purposes.
Key Features
The Canadian data laws aim to give consumers control over their data and promote greater transparency about how organizations use data containing personal identifiers.
Frameworks
The Australian data laws aim to give consumers control over their data and promote greater transparency about how organizations use data containing personal identifiers.
Frameworks
After the invalidation of Privacy Shield, many companies are relying on the SCCs in order to continue transferring data of EU citizens to companies based in countries who are not deemed adequate for data transfer.
After the CJEU judgement, it is clear that these companies have to conduct Risk Assessments with the data recipients in these countries in order to ensure they have enough controls to mitigate any potential data or regulatory risk.
Key Features
On January 31, 2020, the government of Saudi Arabia issued the Executive Regulations to the Saudi E-Commerce Law 2019 (“ECL”) that was in effect since October 2019. The Executive Regulations together with the ECL (“Law”) aim to protect consumers’ personal data by requiring organizations to take appropriate technical and administrative measures.
Key Features
Turkey was one of the first countries to start the trend of legislating data protection. Turkey published “Law on the Protection of Personal Data No. 6698 (LPPD) covering personal data protection on April 07, 2016.” The LPPD is based on the European Union Data Protection Directive 95/46/EC and has several similarities with the GDPR. It aims to give data subjects’ control over their personal data and outlines obligations that organizations and individuals dealing with personal data must comply with. The LPPD has also provided comprehensive guidelines for the transfer of personal data to the third parties.
Key Features
In December 2019, India, following several other countries' footsteps on the privacy laws' developments, introduced the Personal Data Protection Bill (PDPB) to regulate the processing, collection, and storage of personal data. However, in November 2021, the bill’s name was amended to now be called the Data Protection Bill 2021 (DPB).
Key Features
The Irish Data Protection Act, 2018 (Irish DPA) implements the General Data Protection Regulation (GDPR) and transposes the European Union Law Enforcement Directive in Ireland. Since it incorporates most of the provisions from the GDPR and the Law Enforcement Directive with limited additions and deletions as per the national law, it is considered to be the principal data protection legislation in Ireland.
Key Features
The Personal Data (Privacy) Ordinance (Cap. 486) as amended in 2012 (the “PDPO) is the primary legislation in Hong Kong which was enacted to protect the privacy of individuals’ personal data, and regulate the collection, holding, processing, disclosure, or use of personal data by the organizations.. The Data Protection Principles ( the “DPPs or DPP ''), which are contained in Schedule 1 to the PDPO, outline how entities should collect, handle, disclose, and use personal data.
Key Features
In 2012, the Philippines passed the comprehensive privacy law, Data Privacy Act 2012 Republic Act. No, 10173 (the "DPA"). The DPA recognizes the rights of individuals to have more control over their personal data while ensuring a free flow of information to promote innovation and growth.
Key Features
South Korea has a general law and several special laws that cover data protection and individuals' privacy. South Korea's data protection regime is considered one of the strictest data protection regimes owing to its notification requirements, opt-in consent, extensive data subject rights, mandatory data breach notifications, and heavy sanctions in case of non-compliance.
Key Features
The Act on the Protection of Personal Information (the "APPI'') regulates personal related information and applies to any Personal Information Controller (the “PIC''), that is a person or entity providing personal related information for use in business in Japan. The APPI also applies to the foreign PICs which handle personal information of data subjects (“principals”) in Japan for the purpose of supplying goods or services to those persons.
Key Features
Qatar is the first gulf country that has passed a national data privacy law and has paved the way for all other gulf countries to follow suit. In 2016, Qatar enacted Law no. 13 Concerning Personal Data Protection (the “DPL”). Qatar became the first Gulf Cooperation Council (GCC) member state to issue an “European Style” applicable data protection law. The DPL establishes a certain degree of personal data protection, provides data subject rights, and prescribes the guidelines for organizations for the processing of personal data within Qatar.
Key Features
Bahrain has become a part of the countries that have enacted a data privacy regulation to protect the rights of their residents. On 12 July 2018, Bahrain drafted its law on data protection regulation, Law No. 30. This then went on to go into effect on the 1st of August 2019 as the Bahrain Personal Data Protection Law (PDPL) and supersedes all other laws. The PDPL recognizes the rights of individuals to have more control over their personal data and the needs of organizations to collect, use, or disclose personal data for legitimate purposes.
Key Features
After the Success of the California Consumer Privacy Act (CCPA) in California, Virginia is now following the same path. The Virginia Consumer Data Protection Act (VCDPA) has been passed and will go into effect on 1st of January 2023. This law is closely designed after the newer California Privacy Rights Act (CPRA) but with a few significant and important differences.
Key Features
After the VCDPA in Virginia, Colorado has closely followed suit and has passed their own comprehensive data privacy law to protect the personal data of the residents of Colorado.The Colorado Privacy Act (CPA) was signed into law on the 8th of July, 2021 and has been modelled closely after the VCDPA.
Key Features
Saudi Arabia has drafted a data privacy regulation to protect the personal data of individuals in Saudi Arabia. This law was approved by the Council of Ministers in Saudi Arabia and is named the Personal Data Protection Law (the “PDPL”).
Key Features
Uganda’s Data Protection and Privacy Act 2019 seeks to protect Uganda’s citizens and their personal data by outlining and implementing rules for processing personal data and sensitive personal data by entities within or outside the country.
Key Features
Ghana Data Protection Act 2012 establishes a comprehensive set of provisions governing the collection, processing, use, and protection of personal data by the data controller or data processor.
Key Features
Kenya’s Data Protection Act, 2019 (DPA) is based on the framework of the EU’s General Data Protection Regulation (GDPR), making it the third region in East Africa to have enacted and enforced data protection regulations.
Key Features
Malaysia’s Personal Data Protection Act (PDPA) was passed by the Parliament of Malaysia on 2 June 2010. The PDPA sets out a complete cross-sectoral framework to protect the personal data of individuals with respect to commercial transactions.
Key Features
Although there is no comprehensive data protection law in Indonesia, however, there are several regulations that regulate the Indonesia's draft Personal Data Protection Bill (PDPB) & Personal Data Protection Regulations (PDP Regulations)
Frameworks
Oman’s Personal Data Protection Law (Oman’s PDPL) has been published in the country’s official gazette, and it will come into force by February 9, 2023, one year after its issuance which was February 9, 2022. The law applies to any natural person’s personal data including but not limited to their name, location data, identification number, and health-related information.
Key Features
Kuwait’s Data Privacy Protection Regulations (DPPR) applies to all public and private Telecommunication Services Providers and related industry sectors who collect, process, and store personal data and user-related content in whole or in part of a data storage system, whether processed inside or outside the State of Kuwait.
Key Features
The Personal Data Protection Act (PDPA) protects Sri Lankan residents’ data while regulating how organizations collect, process, store, and maintain this data. The PDPA also grants users a wide range of data subject rights, meant to give them more control over their data.
Key Features
Issued on 27 July 2006, the Russian Federal Law on Personal Data (No. 152-FZ) remains one of the oldest data protection laws in effect today. Moreover, it is one of the few laws enacted before the EU's landmark General Data Protection Regulation (GDPR).
Key Features
Germany’s Bundesdatenschutzgesetz (BDSG) in German, or the Federal Data Protection Act in English, was enacted in May 2018 to implement the GDPR in Germany.
Key Features
The Data Protection Act (DPA) of 2018 was passed in April 2016 and came into effect on May 25, 2018. This was the same day the General Data Protection Regulation (GDPR) came into effect.
Key Features
Directive 2002/58/EC on Privacy and Electronic Communications, known more prominently as the ePrivacy Directive, is a key set of instructions released to ensure the privacy and confidentiality of all electronic communications within the European Union (EU).
Key Features
The New York State Department of Financial Service Cybersecurity Regulations or 23 NYCRR 500 is a set of 23 cybersecurity requirements mandatory for all financial institutions registered in New York working under its Banking Law, Insurance Law, or Financial Services Law.
Key Features