GDPR Compliance Checklist

1. Lawfulness, Fairness, and Transparency

• Obtain Lawful Basis for Data Processing: Ensure you have a valid reason (e.g., consent, contract) to process personal data.
• Be Transparent: Clearly inform users how their data is collected, used, and stored.
• Avoid Unnecessary Data Collection: Only collect data that is essential for your specified purposes.

2. Purpose Limitation

• Define Clear Data Purposes: Specify why you are collecting each piece of personal data.
• Document Justifications: Keep records that explain the necessity of data collection for intended purposes.
• Prevent Unauthorized Use: Ensure data is not used for purposes beyond what was initially stated.

3. Data Minimization

• Collect Only Necessary Data: Gather the minimum amount of personal data required for your services.
• Ensure Relevance: Verify that each data point collected is relevant to your operations.
• Limit Data Retention: Do not retain personal data longer than necessary for its intended purpose.

4. Accuracy

• Maintain Data Accuracy: Regularly update and verify personal data to keep it accurate and current.
• Allow Data Correction: Provide users the ability to correct or update their personal information.
• Implement Verification Steps: Use appropriate measures to confirm the accuracy of the data collected.

5. Storage Limitation

• Set Retention Periods: Define how long personal data will be stored based on its purpose.
• Regularly Review Data: Periodically assess stored data and delete or anonymize what is no longer needed.
• Comply with Legal Requirements: Retain data for longer periods only if legally mandated.

6. Integrity and Confidentiality (Security)

• Implement Data Security Measures: Use encryption, secure servers, and other technologies to protect personal data.
• Control Access: Restrict data access to authorized personnel only.
• Prepare for Data Breaches: Have protocols in place to detect, report, and manage data breaches within 72 hours.

7. Accountability

• Appoint a Data Protection Officer (DPO): Designate a responsible person to oversee GDPR compliance.
• Maintain Compliance Records: Keep detailed records of data processing activities and compliance measures.
• Conduct Regular Audits: Periodically review and assess your data protection practices.

Individuals’ Rights under GDPR

1. Right to be Informed

• Provide Clear Information: Inform users about data collection, purposes, and their rights.
• Update Privacy Notices: Ensure privacy policies are easily accessible and up-to-date.

2. Right of Access

• Enable Data Requests: Allow users to request and obtain a copy of their personal data.
• Respond Promptly: Provide requested data within one calendar month without charging a fee.

3. Right to Rectification

• Allow Data Corrections: Let users correct inaccurate or incomplete personal data.
• Implement Update Procedures: Have processes in place to amend data upon user request within one month.

4. Right to Erasure (Right to be Forgotten)

• Delete Data Upon Request: Remove personal data when it is no longer needed or consent is withdrawn.
• Respect Exemptions: Retain data only if required by law or for legitimate interests.

5. Right to Restrict Processing

• Limit Data Usage: Allow users to restrict how their personal data is processed.
• Notify Third Parties: Inform any data recipients about the restrictions imposed by the user.

6. Right to Data Portability

• Facilitate Data Transfer: Enable users to obtain and transfer their personal data to other services.
• Ensure Data Compatibility: Provide data in a structured, commonly used, and machine-readable format.

7. Right to Object

• Honor Objections: Respect users’ requests to stop processing their personal data for specific purposes, such as marketing.
• Provide Clear Opt-Out Options: Make it easy for users to object to data processing.

8. Rights Related to Automated Decision Making and Profiling

• Inform About Automated Decisions: Clearly disclose any automated decision-making processes involving user data.
• Provide Human Intervention: Allow users to request human review or challenge automated decisions.
• Regularly Review Automated Systems: Ensure automated processing complies with GDPR and functions as intended.

Additional Best Practices

• Conduct Data Protection Impact Assessments (DPIAs): Regularly assess and mitigate risks related to data processing activities.
• Train Staff on GDPR Compliance: Ensure all team members understand their roles in protecting personal data.
• Implement a Privacy Management Framework: Establish comprehensive policies and procedures to maintain ongoing GDPR compliance.

How to Use This Checklist

• Review Regularly: Schedule periodic reviews of each checklist item to ensure continuous compliance.
• Assign Responsibilities: Designate team members responsible for each compliance task.
• Update as Needed: Modify the checklist to reflect changes in your data processing activities or GDPR updates.