GDPR is being widely publicised now and so you should be familiar with at least the terminology and the implementation date of 25th May 2018.
Clubs have been requesting information on how the new GDPR act may affect how Clubs hold and manage Member data. Whilst we think that most Clubs do not share data with third party organisations so the changes will be minimal we will be providing further specific information nearer to the implementing date of 25th May 2018. For Clubs concerned that they may need to change their operations this checklist highlights 8 steps you can take now to prepare for the implementation of GDPR. Many of the GDPR’s main concepts and principles are much the same as those in the current Data Protection Act (DPA), so if you are complying properly with the current law then most of your approach to compliance will remain valid under the GDPR and can be the starting point to build from. However, there are new elements and significant enhancements, so you will have to do some things for the first time and some things differently.
- Awareness: You should make sure that decision makers and key people in your organisation are aware that the law is changing to the GDPR. They need to appreciate the impact this is likely to have and identify areas that could cause compliance problems under the GDPR.
- Information you hold: You should document what personal data you hold, where it came from and who you share it with. For example, if you have inaccurate personal data and have shared this with another organisation, you will have to tell the other organisation about the inaccuracy so it can correct its own records.
- Communicating privacy information: You should review your current privacy notices and put a plan in place for making any necessary changes in time for GDPR implementation. When you collect personal data you currently have to give people certain information, such as your identity and how you intend to use their information. This is usually done through a privacy notice. Under the GDPR there are some additional things you will have to tell people. For example, you will need to explain your lawful basis for processing the data and your data retention periods. The simplest way to provide this data will likely be on renewal forms and new membership applications forms and we are reviewing if it will be possible for the ACC to provide Clubs with standard wording which can simply be adopted on these forms.
- Individuals’ rights: You should check your procedures to ensure they cover all the rights individuals have, including how you would delete personal data or provide data electronically and in a commonly used format. The GDPR includes the following rights for individuals: · the right to be informed; · the right of access; · the right to rectification; · the right to erasure; · the right to restrict processing; · the right to data portability; · the right to object; and · the right not to be subject to automated decision-making including profiling. On the whole, the rights individuals will enjoy under the GDPR are the same as those under the DPA but with some significant enhancements. If you are geared up to give individuals their rights now, then the transition to the GDPR should be relatively easy. This is a good time to check your procedures and to work out how you would react if someone asks to have their personal data deleted, for example. Would your systems help you to locate and delete the data? Who will make the decisions about deletion?
- Subject access requests: You should update your procedures and plan how you will handle requests to take account of the new rules. In most cases you will not be able to charge for complying with a request. You will have a month to comply, rather than the current 40 days. You can refuse or charge for requests that are manifestly unfounded or excessive. If you refuse a request, you must tell the individual why and that they have the right to complain to the supervisory authority and to a judicial remedy. You must do this without undue delay and at the latest, within one month.
- Consent: You should review how you seek, record and manage consent and whether you need to make any changes. Consent must be freely given, specific, informed and unambiguous. There must be a positive opt-in – consent cannot be inferred from silence, preticked boxes or inactivity. You are not required to automatically ‘repaper’ or refresh all existing DPA consents in preparation for the GDPR.
- Data breaches: You should make sure you have the right procedures in place to detect, report and investigate a personal data breach. Some organisations are already required to notify the ICO (and possibly some other bodies) when they suffer a personal data breach. The GDPR introduces a duty on all organisations to report certain types of data breach to the ICO, and in some cases, to individuals. You only have to notify the ICO of a breach where it is likely to result in a risk to the rights and freedoms of individuals – if, for example, it could result in discrimination, damage to reputation, financial loss, loss of confidentiality or any other significant economic or social disadvantage. Where a breach is likely to result in a high risk to the rights and freedoms of individuals, you will also have to notify those concerned directly in most cases. You should put procedures in place to effectively detect, report and investigate a personal data breach. You may wish to assess the types of personal data you hold and document where you would be required to notify the ICO or affected individuals if a breach occurred.
- Data Protection Officers: You should designate someone to take responsibility for data protection compliance and assess where this role will sit within your organisation’s structure and governance arrangements. It is most important that someone in your organisation, or an external data protection advisor, takes proper responsibility for your data protection compliance and has the knowledge, support and authority to carry out their role effectively.
