The GDPR Compliance Checklist
Achieving GDPR Compliance shouldn't feel like a struggle. This is a basic checklist you can use to harden your GDPR compliancy.
if your organisation is determining the purpose of the storage or processing of personal information, it is considered a controller. If your organisation stores or processes personal data on behalf of another organisation, it is considered a processor. It is possible for your organisation to have both roles. Use the filter below to view only the relevant checklist items for your organisation.
This list is far from a legal exhaustive document, it merely tries to help you overcome the struggle.
Feel free to contribute directly on GitHub!
Select your organisation's role:
Data Controller: I determine why data is processed
Data Processor: I store or process data for someone else
Your data
Your company has a list of all types of personal information it holds, the source of that information, who you share it with, what you do with it and how long you will keep it
- Data Processor
- Data Controller
This is a list of the actual types (columns) of information being held (eg Name, social security nr, address,..). For each type, a source should be documented, the parties this information is shared with, the purpose of the information and the duration for which the company will keep this information.
Read more:Your company has a list of places where it keeps personal information and the ways data flows between them
- Data Processor
- Data Controller
This could be a list of databases (eg Mysql), but it could also include offline datastores (paper).
Read more:Your company has a publicly accessible privacy policy that outlines all processes related to personal data.
- Data Processor
- Data Controller
You should include information about all processes related to the handling of personal information. This document should include (or have links to) the types of personal information the company holds, and where it holds them.
Read more:Your privacy policy should include a lawful basis to explain why the company needs to process personal information
- Data Controller
It should contain a reason for data processing, eg the fulfillment of a contract.
Read more:
Accountability & management
Your company has appointed a Data Protection Officer (DPO)
- Data Processor
- Data Controller
A DPO is only required in three scenarios: (1) the processing is carried out by a public authority or body, except for courts acting in their judicial capacity; (2) the core activities of the business consist of processing operations which, by virtue of their nature, scope, and/or purposes, require regular and systematic monitoring of data subjects on a large scale, or (3) the core activities of the business consist of processing on a large scale special categories of data (sensitive data) pursuant to Article 9 and personal data relating to criminal convictions or offenses pursuant to Article 10. If a DPO is required, the DPO should have knowledge of GDPR guidelines as well as knowledge about the internal processes that involve personal information.
Read more:Create awareness among decision makers about GDPR guidelines
- Data Processor
- Data Controller
Make sure key people and decision makers have up-to-date knowledge about the data protection legislation.
Read more:Make sure your technical security is up to date.
- Data Processor
- Data Controller
For SaaS software companies, use the SaaS CTO security checklist as a starting point below.
Read more:Train staff to be aware of data protection
- Data Processor
A lot of security vulnerabilities involve cooperation of an unwitting person with access to internal systems. Make sure your employees are aware of these risks.
Read more:You have a list of sub-processors and your privacy policy mentions your use of this sub-processor
- Data Processor
You should inform your customers of the use of any sub-processor. They should consent by accepting your privacy policy.
Read more:If your business operates outside the EU, you have appointed a representative within the EU.
- Data Processor
- Data Controller
If you have a business outside of the EU and you collect data on EU citizens, you should assign a representative in one of the member states for your business. This person should handle all issues related to processing. In particular, a local authority should be able to contact this person.
Read more:You report data breaches involving personal data to the local authority and to the people (data subjects) involved
- Data Processor
- Data Controller
Personal data breaches should be reported within 72 hours to the local authority. You should report what data has been lost, what the consequences are and what countermeasures you have taken. Unless the data leaked was encrypted, you should also report the breach to the person (data subject) whose data you lost.
Read more:There is a contract in place with any data processors that you share data with
- Data Controller
The contract should contain explicit instructions for the storage or processing of data by the processor. The contract should set out the subject matter and duration of the processing, the nature and purpose of the processing, the type of personal data and categories of data subjects and the obligations and rights of the controller. For example, this could include a contract with your hosting provider. The same contract requirements apply when a processor engages a sub-processor to assist it in fulfilling processing activities on behalf of the controller
Read more:
New rights
Your customers can easily request access to their personal information
- Data Processor
- Data Controller
If you do not already have a process defined for this, we've made an easy online form below.
Read more:Your customers can easily update their own personal information to keep it accurate
- Data Processor
- Data Controller
If you do not already have a process defined for this, we've made an easy online form below.
Read more:You automatically delete data that your business no longer has any use for
- Data Processor
- Data Controller
You should automate deletion of data you no longer need. For example, you should automatically delete data for customers whose contracts have not been renewed.
Read more:Your customers can easily request deletion of their personal data
- Data Processor
- Data Controller
If you do not already have a process defined for this, we've made an easy online form below.
Read more:Your customers can easily request that you stop processing their data
- Data Processor
- Data Controller
If you do not already have a process defined for this, we've made an easy online form below.
Read more:Your customers can easily request that their data be delivered to themselves or a 3rd party
- Data Processor
- Data Controller
If you do not already have a process defined for this, we've made an easy online form below.
Read more:Your customers can easily object to profiling or automated decision making that could impact them
- Data Controller
This is only applicable if your company does profiling or any other automated decision making. If you do not already have a process defined for this, we've made an easy online form below.
Read more:
Consent
Where processing is based on consent, such consent must be freely given, specific, informed, and revocable
- Data Controller
If your website collects personal information in some way, you should have an easily visble link to your privacy policy and confirm that the user accepts your terms and conditions. Consent requires an affirmative action, so pre-ticked boxes are not permitted.
Read more:Your privacy policy should be written in clear and understandable terms
- Data Controller
It should be written in clear and simple terms and not conceal it's intent in any way. Failing to do so could void the agreement entirely. When providing services to children, the privacy policy should be easy enough for them to understand.
Read more:It should be as easy for your customers to withdraw consent as it was to give it in the first place
- Data Controller
If you do not already have a process defined for this, we've made an easy online form below.
Read more:If you process children's personal data, verify their age and ask consent from their legal guardian
- Data Controller
For children younger than 16, you need to make sure a legal guardian has given consent for data processing. If consent is given via your website, you should try to make sure approval was actually given by the legal guardian (and not by the child).
Read more:When you update your privacy policy, you inform existing customers
- Data Controller
for example, by emailing upcoming changes of your privacy policy. Your communication should explain in a simple way what has changed.
Read more:
Follow-up
You regularly review policies for changes, effectiveness, changes in handling of data and changes to the state of affairs of other countries your data flows to.
- Data Controller
You should follow up on best practies and changes to the policies in your local environment. Sign up at the bottom of this page to receive major updates to this list.
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Special cases
Your business understands when you must conduct a DPIA for high-risk processing of sensitive data.
- Data Controller
This is only applies to businesses carrying out large-scale data processing, profiling and other activities with high risk to the rights and freedoms of people. A special assessment should be carried out in these cases.
Read more:You should only transfer data outside of the EU to countries that offer an appropriate level of protection
- Data Processor
- Data Controller
You should also disclose these cross-border data flows in your privacy policy.
Read more:
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The information above is not the same as legal advice, where an attorney applies the law to your specific circumstances, so we insist that you consult an attorney if you’d like advice on your interpretation of this information or its accuracy. In a nutshell, you may not rely on this as legal advice, nor as a recommendation of any particular legal understanding.