How can your data privacy policy keep up with industry standards?

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Data privacy is a crucial aspect of any information system, especially in today's dynamic and competitive environment. You need to protect your customers' and employees' personal and sensitive information from unauthorized access, use, or disclosure. But how can you ensure that your data privacy policy is up to date and compliant with the latest industry standards and regulations? In this article, we will explore some of the key factors and steps that can help you create and maintain a robust and effective data privacy policy.

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Diogo Duarte

LL.M., CIPP/E, CIPM, FIP, ECPC-G | Privacy Counsel | Data Protection Officer | GDPR Compliance Specialist
Silvan Jongerius

Use Privacy & GDPR compliance to drive business growth in the EU | DPO | Privacy expert | Managing Partner @ TechGDPR |…

1 Understand your data

The first step to creating a data privacy policy is to understand what kind of data you collect, store, process, and share in your information system. You need to identify the sources, types, categories, and purposes of your data, as well as the risks and benefits associated with them. You also need to map the data flows and interactions within and outside your system, and determine who has access to what data and why. This will help you establish the scope and boundaries of your data privacy policy, and identify the legal and ethical obligations and expectations that apply to your data.

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Diogo Duarte

LL.M., CIPP/E, CIPM, FIP, ECPC-G | Privacy Counsel | Data Protection Officer | GDPR Compliance Specialist
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It is important to have a clear understanding of the flow of personal data within the organization. This can be effectively achieved by conducting comprehensive interviews with key stakeholders, ensuring an up-to-date and accurate mapping of data movement. Additionally, in situations where deeper insight is necessary, engaging in an e-discovery process is invaluable. E-discovery involves the systematic search for electronic data, providing a more detailed understanding of how data travels, is stored, and is accessed, thereby fortifying the company's data management practices and enhancing its security protocols, which are additional elements that might be incorporated into the privacy policy.

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2 Assess your compliance

The second step to creating a data privacy policy is to assess your current level of compliance with the relevant industry standards and regulations. You need to review the existing laws and frameworks that govern your data privacy practices, such as the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), the Health Insurance Portability and Accountability Act (HIPAA), or the Payment Card Industry Data Security Standard (PCI DSS). You also need to evaluate the best practices and benchmarks that are adopted by your peers and competitors in your industry, such as the ISO 27001, the NIST Privacy Framework, or the Privacy by Design principles. You need to identify the gaps and weaknesses in your data privacy policy, and prioritize the actions and resources needed to address them.

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Diogo Duarte

LL.M., CIPP/E, CIPM, FIP, ECPC-G | Privacy Counsel | Data Protection Officer | GDPR Compliance Specialist
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Upon understanding an organization's data flow, it's vital to identify applicable laws, considering both internal and external activities, as well as contractual engagements with other companies, which might bring additional legal frameworks into play. Adopting best practices, such as compliance with ISO 27001, is a proactive way to build trust and ensure security, but these are voluntary measures. The key step is to pinpoint relevant laws, as they provide the mandatory provisions for data management and protection, ensuring legal compliance.

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3 Define your objectives

The third step to creating a data privacy policy is to define your objectives and goals for your data privacy policy. You need to articulate the vision and mission of your data privacy policy, and align them with your business strategy and values. You also need to establish the metrics and indicators that will help you measure and monitor the performance and effectiveness of your data privacy policy, such as the number of data breaches, the rate of customer satisfaction, or the level of employee awareness. You need to communicate your objectives and goals to your stakeholders, and solicit their feedback and input.

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4 Design your policy

The fourth step to creating a data privacy policy is to design the structure and content of your data privacy policy. You need to draft the policies, procedures, and guidelines that will govern your data privacy practices, and ensure that they are clear, concise, and consistent. You also need to specify the roles and responsibilities of the different parties involved in your data privacy policy, such as the data owners, the data processors, the data protection officers, or the data subjects. You need to document the rights and obligations of each party, and the mechanisms and channels for exercising and enforcing them.

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Silvan Jongerius

Use Privacy & GDPR compliance to drive business growth in the EU | DPO | Privacy expert | Managing Partner @ TechGDPR | IAPP Knowledgenet Chair | President @ BerChain - FIP, CIPT, CIPP/e, TüV Datenschutzbeauftragter
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While not always practicable, my favourite way of structuring a privacy notice is by processing activity. E.g. you first speak about your newsletter, including what details you collect, for what purpose under what lawful base, before moving on to your website tracking activity. It is required to make such facts related and specific, and can not be ambiguous and non specifics (stating these are all data points collected for all these purposes, for example). As this would not meet the transparency requirements under the GDPR. If you work across multiple jurisdictions, the challenge will include to provide your privacy policy in line with all of them. This may require a more strategic approach to designing your policy.

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5 Implement your policy

The fifth step to creating a data privacy policy is to implement the actions and changes required by your data privacy policy. You need to update and modify your information system and processes to comply with your data privacy policy, and ensure that they are secure, reliable, and efficient. You also need to train and educate your staff and customers on your data privacy policy, and raise their awareness and understanding of the data privacy issues and implications. You need to provide them with the tools and support they need to follow and adhere to your data privacy policy.

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6 Review your policy

The sixth and final step to creating a data privacy policy is to review and evaluate your data privacy policy on a regular basis. You need to collect and analyze the data and feedback from your metrics and indicators, and assess the outcomes and impacts of your data privacy policy. You also need to monitor and scan the external environment for any changes or developments that may affect your data privacy policy, such as new laws, technologies, or trends. You need to update and revise your data privacy policy accordingly, and ensure that it remains relevant and responsive to your needs and expectations.

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Silvan Jongerius

Use Privacy & GDPR compliance to drive business growth in the EU | DPO | Privacy expert | Managing Partner @ TechGDPR | IAPP Knowledgenet Chair | President @ BerChain - FIP, CIPT, CIPP/e, TüV Datenschutzbeauftragter
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Every time you update or change your processing activities (data processing), it should be reviewed if this would trigger a change in the privacy policy as well. It may also be required to inform your data subjects (at least under GDPR) to inform them of such updates, and in certain cases ask them for renewed consent as they may have agreed to other processing previously.

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7 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?

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Silvan Jongerius

Use Privacy & GDPR compliance to drive business growth in the EU | DPO | Privacy expert | Managing Partner @ TechGDPR | IAPP Knowledgenet Chair | President @ BerChain - FIP, CIPT, CIPP/e, TüV Datenschutzbeauftragter
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A privacy notice (or policy) must be understandable for the audience. So if you, for example, have a website in German, the privacy notice must be in German too. If it is intended for children, the privacy policy must be in understandable for the specific age group it is intended for.

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How can your data privacy policy keep up with industry standards?

1

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3

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1 Understand your data

2 Assess your compliance

3 Define your objectives

4 Design your policy

5 Implement your policy

6 Review your policy

7 Here’s what else to consider

Information Systems

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How can your data privacy policy keep up with industry standards?

1

2

3

4

5

6

7

1 Understand your data

2 Assess your compliance

3 Define your objectives

4 Design your policy

5 Implement your policy

6 Review your policy

7 Here’s what else to consider

Information Systems

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