In an era where data is as valuable as currency, the advent of the General Data Protection Regulation (GDPR) in 2018 marked a significant shift in the digital landscape. This regulation redefined privacy norms and set a higher standard for data protection worldwide. However, navigating the complexities of GDPR compliance remains challenging for many organisations. Missteps in this area not only lead to financial penalties but also erode customer trust – a currency of equal importance in today's business world.

In this article, we dissect the common errors companies make in GDPR compliance and offer practical solutions. Additionally, we delve into the recent developments in data privacy frameworks that further impact GDPR compliance and data transfer practices.

Our expert: Anna Bober-Kotarbinska, an attorney specialising in data protection and new technologies, is a LegalTech member at the Polish Bar Council and Chairwoman of scientific activities at the Pomeranian Bar Association, with notable contributions in AI and international law.

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Key Mistakes and Solutions

Despite the passage of time and the accumulation of valuable lessons learned, many companies still need to avoid falling into common pitfalls, putting themselves at risk of significant financial penalties.

By learning from the most common mistakes we have outlined, companies can improve their data processing practices, ensuring compliance and maintaining the trust of their customers.

Mistake 1: Careless selection of processors. Remember that it is incumbent on you, as the Controller, to conduct GDPR due diligence on your processors.

Solution: Regularly assess how your Processors are fulfilling their obligations to ensure compliance with RODO.

Mistake 2: Inadequate record-keeping of processing activities

Solution: Regularly review and update your records of processing activities to ensure compliance.

Mistake 3: Forgetting about transfers to Third Countries. The use of software solutions, especially if the software provider is located in a third country, may involve data transfers. In such cases, additional measures should be taken to ensure compliance with the GDPR requirements for cross-border data transfers.

Solution: Examine your knowledge of the meaning of "third countries" according to the GDPR and regularly check whether you make such transfers within your company.

Mistake 4: Automatic additions to email marketing. When adding new email addresses to a marketing list, it is essential to obtain explicit consent from the verified owner.

Solution: Make sure you have the proper consent mechanisms in place to meet the consent requirements of the GDPR.

What else to consider?

In light of recent developments, it's essential to mention the European Commission's approval of the new Data Privacy Framework on July 10, 2023. This act facilitates personal data transfer from the EU to certified entities in the US, maintained by the US Department of Commerce. The DPF introduces mechanisms ensuring data protection comparable to GDPR standards in the EU.

This agreement is essential for business because, after three years of uncertainty, it solves the problems of many online platforms and European companies - particularly those using American cloud providers. Thanks to the EC's decision, before transferring data, we no longer have to complete all six points of the TIA EDPB or look for legal bases allowing cross-border data transfer.

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Ensuring Trust and Compliance: KOIA's Commitment to GDPR and Data Security

In the landscape of data protection and compliance, adhering to GDPR standards is not just a regulatory necessity but a critical factor in maintaining trust and credibility in the business world. This is where KOIA's approach to data security and compliance comes into play.

By checking the validity of the EC's decisions and the basis for issuing the decision on the adequacy of entities from the DPF list, we can confirm or exclude that a given supplier has a safety certificate.

In KOIA, we are focused on data security and GDPR as the overall process. Here's a closer look at how we embed GDPR compliance into every facet of our operation to remain a trusted and responsible partner in the industry:

⬜ During the development, we do not grant developers any access to production data. We create anonymised data for development purposes.

⬜ Only EU-based developers are working with real client data.

⬜ We store data in the EU - Amazon Web Services (AWS) Stockholm DataCenter is our preferred one. We keep everything in internal AWS networks to grant the maximum possible security and expose only required data through secure channels.

⬜ We are open to signing additional data processing agreements in cases where clients want our developers to have access to data.

⬜ We have contracts for being data processors with our clients.

Thanks to the approval of the new framework agreement by the European Commission, guided by the EDPB guidelines, we can now confirm that the technological solutions we offer are legal and safe and allow for legal cross-border data transfer across the Atlantic.

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Wrap-Up

If you're looking for a software development partner who excels in crafting top-notch digital products and diligently following regulations, contact us. In KOIA, we don't just develop solutions; we build trust and ensure compliance, making us a responsible and reliable ally in your digital journey.