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You know you need to make changes to your data protection processes. You’ve read, learnt and accepted your fate.You’ve even negotiated a budget and resources. So, what now? And how will you get it all done for May 2018 when the regulation becomes law?
If you too are feeling a little overwhelmed, we’ve prepared five simple steps to get you started:
When it comes to data, privacy and cyber security, your employees are the first line of defence. Make sure all of your employees are well aware of the new regulation and its key principles, as well as the threats the company is facing.
This includes tailored training for all employees, from security and management teams through your administrative department. One great solution would be to implement an Anti-Email Phishing program that uses an interactive approach and simulating real-world email phishing attacks to help prepare employees for the real thing.
Ask the following questions to map the information your company holds:
What data do we have?
Where is it held?
Who has access to it?
Are there any 3rd parties with access to this information?
This task can be incredibly tedious and often error prone. There are many tools on the market to help you out with this task.
Remember – As of May 2018, knowing what data you have will not only be a convenience, but rather your legal obligation.
The new General Data Protection Regulation (AKA GDPR) is not another directive;in May 2018 it is set to become an enforceable law that will change the world of data protection as we know it.
How it all began
On April 2016, the EU parliament approved the new regulation, replacing the current directive, according to which businesses have been operating for the past 20 years.
Organisations that work with or process EU residents` data were given a two-year transition period to plan for and implement the necessary changes to their daily processes and policies. This two years period is about to end.
Different types of entities
First, it is important to understand the two types of entities to which the regulation refers:
“Data controller” – a person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be processed.
“Data processor” – any person (other than an employee of the data controller) who processes the data on behalf of the data controller.
The Major Differences
Although the new regulation maintains key principles of the previous directive, it includes various changes. Here are some of the major ones:
Business location – The regulation has extra-territorial applicability, meaning that whether your company is controlling the data or just processing it, if that personal data is of subjects residing in the European Union, this regulation applies to you.
Heavy Penalties – Don’t say you didn’t know! Organisations found not compliant with the new regulation will be heavily fined with up to 4% of annual global turnover or €20 Million (the greater of the two).
Request for consent – Want to use personal data for business purposes? You will now need to obtain explicit consent from the user prior to using the information. This will be done by presenting the user with an easily understood terms and conditions form, which will also contain the purpose for which the data is processed.
Breach Notification – Have been breached? If that breach puts the personal data you are controlling or processing at risk, you may be obligated to report it within 72 hours. Exposure of this kind of information could not only cause financial damage, but also leave a significant stain on the company’s reputation.
Transparency – Data subjects will be able to obtain, from the data controller, a confirmation as to whether information concerning them is being processed by the controller, in what form and for what purposes. The data controller shall provide the subject with a copy of the personal data being held free of charge.
Right to be forgotten – In the case that the data subject withdrew its consent or that the processing of the data is no longer relevant to the original purpose, data subjects will have the right to ask the data controller to completely erase their information, stop processing and disseminating it.
Data Portability – Data subjects will have the right to receive the personal data form previously provided to a data controller, in order to transmit it to another controller.
Privacy by design – This will no longer be considered an addition to a product, rather a legal requirement that must be included from the beginning of the product design.
Data Protection Officers (DPOs) – Certain organisations will be obligated to appoint a Data Protection Officer, who will be responsible for overseeing the organisation`s data protection strategy and implementation, and to ensure compliance with the new regulation.
It is important to note that the regulation does not specify a framework for adherence, but puts the responsibility on organizations to maintain best practices for data security. That means each organization has its unique needs and adaptation when it comes to the GDPR.
GDPR and BREXIT
UK Businesses might ask themselves whether they should prepare for the new regulation. As they are due to leave the European Union following Brexit, will it apply to them?
The answer, in short is YES. Here’s why:
The UK is scheduled to leave the EU on March 2019, meaning it will still be part of the EU when the regulation is due to come into force (May 2018).
Since the regulation applies to any organisation that works with or processes EU residents’ data, most UK businesses will still have to comply with the regulation, regardless of Brexit.
This August, the British government published its statement regarding the country`s data protection bill. Much of the bill aims to implement the GDPR, meaning that either way, UK businesses will need to be compliant.
So, there you have it. If you’re in the world of data protection and working with the data of any EU individuals, you better start thinking fast. You have until May 2018 to plan and implement a system that’s compliant. It’s no longer an option, it’s now the law.
3 Basic cybersecurity rules to keep your company safe – Tips from our experts
Cybersecurity is not only about buying expensive IT security products.
As a global company, we meet daily with companies of all sizes – from small businesses to big enterprises. Surprisingly enough, while all companies have security products embedded in their systems, none seems to implement the very basic protocols that would keep them safe from cyberattacks.
While there is no bullet proof strategy to avoid cyberattacks, here are some basic tips that can help keep your company safe:
1. CYBERSECURITY IS A TEAM EFFORT
In many organizations, cybersecurity is still believed to be an IT issue only. This perception is simply wrong. When cyber incidents occur, they affect a wide range of departments within organizations and require their immediate responses. The departments listed below should have clear processes in place to respond to any potential cyberthreat. Their involvement before (prevention), during (response), and after (conclusions) a cyber incident is crucial to strengthen cybersecurity.
The Legal Department – when it comes to cybersecurity, it is always good to have an attorney by your side.
The legal department role includes drafting internal policies, procedures, and contractual provisions regarding discovery, investigation, remediation and reporting of breaches. The goal here is to minimize any legal damage that could result from potential data breaches.
It also includes investigating incidents to determine the scope of a breach, and analyzing requirements under applicable laws and regulations.
Cyber incidents may expose companies to lawsuits from customers whose personal details are compromised. At the executive level, directors are also liable for breach of fiduciary duty and duty of care, which are both binding obligations.
The cyberattack at Target in 2013, and resulting lawsuits, are striking examples of heavy legal consequences resulting from cyberattacks. As a reminder: in November and December of 2013, Target Corporation suffered one of the largest cyber breaches to date. The breach resulted in personal and credit card information of approximately 110 million Target customers being compromised. More than 140 lawsuits were filed following the breach (1)
Human Resources (HR) – what is the connection between HR and cybersecurity you might ask?
Well, the HR department:
Works with the most sensitive personnel data. While this information is a goldmine for attackers, it is often left unprotected and vulnerable to attacks.
Ensures that new employees have not brought any sensitive data or information with them from their previous places of employment – or conversely, ensures that former employees no longer have access to their online accounts as soon as they leave their positions.
Plays a vital role in communicating risks and lessons learnt from previous cyber incidents.
Helps the IT department develop and disseminate security procedure guidelines across the organization.
Communications/Media – The way a company responds to a cyber incident, along with its communications with those affected by the incident, can greatly affect its success in retaining customers.
According to a recent survey(2) 29% of existing customers would discontinue relationships with the company after a data breach.
The General Data Protection Regulation (GDPR), which will become applicable in the European Union in May 2018, reinforces the need for transparency and efficient communications. In a GDPR-post world, companies will be legally obligated to disclose sensitive information regarding cyber incidents on their systems, within 72 hours. Therefore, IT and communications teams should have processes in place to ensure the quick response required by the GDPR.
C-level – It is a well-known fact that C-suite executives are responsible for mitigating business risks, while IT delivers the technological support that drives the business.
In today’s hyper connected world, it is almost impossible to separate business from technology.
The threat of cyberattacks is now just part of the day-to-day reality of doing business, therefore it is critical to include the C-suite in incident response and table-top exercises, so they fully understand their roles, as well as the potential cost of an attack.
Having firsthand experience of an attack, even a simulated one, means the C-suite will gain awareness, which is vital to driving a top-down security-focused culture.
2. CREATE A HUMAN FIREWALL
When it comes to cybersecurity, your employees are the first line of defense. It is everyone’s responsibility – from board members, to the secretary sitting at the front desk. To create a cybersecurity culture in the organization, the following values should be emphasized :
Awareness – The focus will be on uninformed users who can do harm to your network by visiting websites infected with malware, responding to phishing e-mails, postponing software update and data back-up, storing their log-in information in unsecured locations, or even giving away sensitive information over the phone when exposed to social engineering. Employees must be aware of those various risks, and trained to respond accordingly.
Readiness/Cybersecurity Drills – A fire drill is a practice of the emergency procedures to be used in case of fire. Why not practice the emergency procedures to be used in the case of a cyberattack? Make sure to practice cybersecurity drills with different scenarios and in a timely manner to identify problems, and have processes in place to respond efficiently in the future.
Training – your employees should be trained to understand the concept of “cyber risk exposure”, and become familiar with the many ways attackers can exploit information they gather. This includes a wide range of risks, from reconnaissance efforts to targeted attacks. Training should not be theoretical, but rather use real life examples.
3. HAVE A CYBER INCIDENT RESPONSE (IR) PLAN READY
When it comes to the incident response plan, the first step is to define what an incident is. By doing so, the process of deciding whether to act upon a threat or not will be much easier and will improve your IT team effectiveness.
Assign roles – make sure the relevant employees are aware of their roles and responsibilities. Those roles should include:
an IT manager to monitor the evolving situation and update relevant teams accordingly;
a decision-maker to approve the response plan;
a coordinator to lead the communications between the different departments;
a technical writer to make sure everything is documented.
Learn your lessons – Based on the above-mentioned documentation, decisions should be made, processes should be defined to effectively respond to cyber incidents.
Involve different departments – A successful, well-drilled, IR plan requires excellent internal cooperation across the organization.
Measure your success in handling the event by defining key performance indicators (both qualitative and quantitative) – For example: how much time should it take to identify the threat? What is the timeframe to report to affected customers?
Do not wait for the next cyber incident to pull out your IR document. Perform periodic cybersecurity drills to test your IR team, your processes and procedures, and update them accordingly.
In conclusion, before investing in a cybersecurity product, remember two key tips:
Cybersecurity requires first and foremost a change in your company culture.
The aftermath of cyberattacks are always more expensive than preventing them.