The GDPR: The catalyst for customer July 2017

Transcription

1 The GDPR: The catalyst for customer July 2017

2 TM Speakers Alan Calder Tim Vincent Founder and Executive Chairman, IT Governance Ltd EMEA Solution Engineer Team Lead DataStax

3 TM Introduction Alan Calder Founder, IT Governance Ltd The single source for everything to do with IT governance, cyber risk management and IT compliance IT Governance: An International Guide to Data Security and ISO27001/ISO27002 (Open University textbook)

4 TM IT Governance Ltd: GRC One-stop shop All verticals, all sectors, all organisational sizes

5 We will cover: TM The GDPR s impact on businesses Accountability and governance of data, data storage limitations, breach notifications, data subject rights, and compliance requirements Unravelling the labyrinthine web of data using DataStax Enterprise Graph to bring legacy systems together and comply with the GDPR, building a 360-degree view of a company s data subjects The right to be forgotten and how DataStax Enterprise Graph can help companies comply with the Regulation s requirements

6 TM The GDPR s impact on businesses Differentiating between controllers and processors Critical that entities identify, in respect of their processing, whether they are a controller or a processor: Controller' means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data. Processor' means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller. Processors may only process data in line with a contract from a controller. Child s consent: A person under 16 years old may not consent to the processing of personal data in respect of an information age service. Customer service: Privacy notices will be more intrusive. Additional services and options can t assume consent. Third party processors will have to be clearly identified. Big data activities may be restricted.

7 TM Material and territorial scope Natural person = a living individual Natural persons have rights associated with: The protection of personal data. The protection of the processing of personal data. The unrestricted movement of personal data within the EU. In material scope: Personal data that is processed wholly or partly by automated means. Personal data that is part of a filing system, or intended to be. The Regulation applies to controllers and processors in the EU, irrespective of where processing takes place. The GDPR also applies to controllers not in the EU

8 TM Entry into force and application This Regulation shall be binding in its entirety and directly applicable in all Member States. KEY DATES On 8 April 2016, the European Council adopted the Regulation. On 14 April 2016, the European Parliament adopted the Regulation On 4 May 2016, the official text of the Regulation was published in the EU Official Journal in all the official languages. The Regulation entered into force on 24 May 2016, and will apply from 25 May Final text of the Regulation:

9 Remedies and liabilities TM Natural persons have rights Data subjects shall have recourse to judicial remedy where: º In the courts of the Member State where the controller or processor has an establishment. º In the courts of the Member State where the data subject habitually resides. Any person who has suffered material, or non-material, damage shall have the right to receive compensation from the controller or processor. The controller involved in processing shall be liable for damage caused by processing.

10 TM Penalties Administrative fines In each case, fines will be effective, proportionate and dissuasive Fines administrated will take into account technical and organisational measures implemented. 10,000,000 or, in the case of an undertaking, up to 2% of the total worldwide annual turnover of the preceding financial year. 20,000,000 or, in case of an undertaking, up to 4% of the total worldwide annual turnover in the preceding financial year.

11 TM The Rights of data subjects The controller shall take appropriate measures to provide any information relating to processing to the data subject in a concise, transparent, intelligible and easily accessible form, using clear and plain language (Article 11-1). The controller shall facilitate the exercise of data subject rights (Article 11-2). Rights to: º Data portability; º Consent º Access º Rectification º Erasure º Restriction º Objection º Withdraw consent at any time; º Lodge a complaint with a supervisory authority; º Be informed of the existence of automated decision-making, including profiling, as well as the anticipated consequences for the data subject.

12 TM The principle of accountability and what it means Article 5 principles relating to the processing of personal data The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 ('accountability').

13 TM Lawfulness (Art 5 6) Personal data must be secured against accidental loss, destruction or damage Processing must be lawful which means, inter alia: Data subject must give consent for specific purposes There are specific circumstances where consent is not required º So that the controller can comply with legal obligations, etc. One month to respond to subject access requests and no charges Controllers and processors clearly distinguished Clearly identified obligations Controllers responsible for ensuring processors comply with contractual terms for processing information Processors must operate under a legally binding contract º And note issues around extra-territoriality

14 Consent (Art. 7-9) TM Consent must be clear and affirmative Must be able to demonstrate that consent was given Silence or inactivity does not constitute consent Written consent must be clear, intelligible and easily accessible, or it is not binding Consent can be withdrawn any time, and it must be as easy to withdraw consent as to give it Special conditions apply for a child (under 16) giving consent Explicit consent must be given for processing sensitive personal data Race, ethnic origin, political beliefs, etc. Specific circumstances allow non-consensual processing, e.g. to protect vital interests of the data subject Secure against accidental loss, destruction or damage (article 5) Consent must be documented.

15 Transparency (Art ) TM Any communications with a data subject must be concise, transparent and intelligible The controller must be transparent in providing information about itself and the purposes of the processing The controller must provide the data subject with information about their rights There are specific provisions (Article 14) covering data not obtained directly from the data subject Data subjects have rights to access, rectification, erasure ( right to be forgotten ), to restriction of processing, and data portability

16 TM Privacy by design (Art. 25 et seq. ) Privacy must now be designed into data processing by default Data protection impact assessments are mandatory (Article 35) For technologies and processes that are likely to result in a high risk to rights of data subjects Documentary evidence is crucial Data audits The GDPR applies to existing data, as well as future data Privacy may have to be designed retrospectively Organisations need to identify what personal data they hold, where and on what grounds they hold it, and how it is secured in a way that will meet the requirements of the GDPR

17 TM Data breaches under the GDPR Definition A 'personal data breach' means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed. Controller obligations Notify supervisory authority no later than 72 hours after discovery Must describe the nature of the breach No requirement to notify if no risk to rights and freedoms of natural persons Failure to report within 72 hours requires explanation Processor obligations Notify the data controller of a breach without delay All data breaches have to be reported (no exemptions) European Data Protection Board (EDPB) to issue clarification with regard to undue delay

18 TM Data Breaches Obligation for data controller to communicate a personal data breach to data subjects Communicate with data subjects without undue delay if the breach represents a high risk to data subjects' rights Communication must be in clear, plain language Supervisory authority may compel communication with data subject Exemptions Appropriate technical and organisational measures were taken A high risk to the data subjects will not materialise Communication with data subjects would involve disproportionate effort

19 TM Security of Processing It is a requirement for data controllers and data processors to implement a level of security appropriate to the risk. This includes Security measures taken need to comply with the concept of privacy by design. Pseudonymisation and encryption of personal data Measures to ensure the ongoing confidentiality, integrity and availability of systems A process for regularly testing, assessing and evaluating the effectiveness of security measures

20 TM Cyber-security assurance A GDPR requirement data controllers must implement appropriate technical and organisational measures to ensure and to be able to demonstrate that the processing is performed in accordance with this Regulation. Must include appropriate data protection policies Local authorities may use adherence to approved codes of conduct or management system certifications as an element by which to demonstrate compliance with their obligations ICO and BSI are both developing new GDPR-focused standards ISO already meets the appropriate technical and organisational measures requirement BS was developed specifically for the GDPR It provides assurance to the board that data security is being managed in accordance with the Regulation It helps manage all information assets and all information security within the organisation protecting against all threats

21 TM Nine Steps to GDPR compliance STEP 1: Establish governance framework board awareness risk register accountability framework review STEP 2: Appoint and/or train a DPO/SDPO STEP 3: Data inventory identify processors identify unlawfully held data STEP 4: Conduct data flow audit

22 TM Nine Steps to GDPR compliance STEP 5: Compliance gap analysis 1. Ensure Privacy Notice and SAR documents and processes are robust and legal 2. Records of processing STEP 6: PIA and security gap analysis STEP 7: Remediate 1. Privacy compliance framework 2. Cyber Essentials/Ten Steps to Cyber Security/ISO STEP 8: Data breach response process (NB: Test!) STEP 9: Monitor, audit and continually improve NB: steps can be tackled in parallel

23 GDPR: The Catalyst for Customer 360 Tim Vincent EMEA Solution Engineering Manager

24 Do you have a Single View of your Customer? Article 20 - How do you present a Data Subject with a view of the data you hold on them? Article 17 - Right to Erasure or Right to be Forgotten, how do you locate all data on a Subject? 24 DataStax, All Rights Reserved.

25 Data Exists in Silos Mortgage Bank Account House Insurance Life Cover 25 DataStax, All Rights Reserved.

26 MDM is NOT the Answer MDM Provides a single source of customer record, a golden record MDM is not a data integration tool A static customer profile view with structured, limited data However, to achieve GDPR data subject access and right to erasure in the digital era, you need a data platform beyond MDM that: Integrates MDM and other data sources, including real time customer activity data Delivers contextual customer view in real-time Operationalizes customer data for instant insights and actions Guarantees 100% uptime Allows global data access Customer Master Reporting C360 Analytics Discovery 3rd party data 26

27 Not Only a Single Customer View Now a Customer 360 View A contextual, connected, single view of the customer Real-time customer information and responsiveness Guaranteed global access Always-on, undisrupted customer experience 27

28 Now you can so so much more Real-Time Personalization View and manage the data access controls for Data Subjects. Drive engagement by guaranteeing crucial feedback, a tailored experience, and instantly actionable insight. 28 DataStax, All Rights Reserved.

29 C360 Application Characteristics Contextual Always-On Real-Time Distributed Scalable 29

30 DataStax Enterprise Database for Real time C360 Continuously Available Linearly Scalable Geographically Distributed Instantaneously Responsive Integrated Search & Analytics 30 DataStax, All Rights Reserved.

31 Always-On Data Management for C360 C360 Personalization Recommendation Compliance GOVERNANCE SECURITY & ACCESS DATA INGEST INDEX & SEARCH CX Data Platform (DSE) ANALYTICS APIs DATA MODEL DATA QUALITY MATCH & RELATE Architecture Development Testing Monitor Deployment CX DATA FRAMEWORK 31

32 DSE Graph Data Model Powers Customer 360 Massively scalable, distributed graph database optimized for storing, traversing and querying complex graph data in real-time Uses Gremlin graph traversal language Analytics on graph data supported via Spark Supports complex text search DSE Graph provides a contextual view of your customers by revealing the complex relationships among your customer data across all touchpoints. 32

33 Better Banking Experience with Great Customer Data MULTINATIONAL COMPANY IN FINANCIAL SERVICES Mobile Web Internal Data(DB2) Transactions Complaints Customer Relationships Channel Interactions Products Mobile Banking External Data Customer Service Credit Reference Agencies Pitchbook CACI Social Media PSD2 GDPR 33

34 We are the power behind the moment DataStax, All Rights Reserved. Company Confidential

35 Self help materials TM A Pocket guide /shop/p roduct/eu-gdpr-a-pocket-guide Implementation manual /shop/pr oduct/eu-general-data-protectionregulation-gdpr-animplementation-and-complianceguide Documentation toolkit /shop/p roduct/eu-general-dataprotection-regulation-gdprdocumentation-toolkit Compliance gap assessment tool /shop/pr oduct/eu-gdpr-compliance-gapassessment-tool

36 TM Training One-Day accredited Foundation course (classroom, online, distance learning) /shop/product/certified-eu-general-dataprotection-regulation-foundation-gdpr-training-course Four-Day accredited Practitioner course (classroom, online, distance learning) /shop/product/certified-eu-general-dataprotection-regulation-practitioner-gdpr-training-course One-Day data protection impact assessment (DPIA) workshop (classroom) /shop/product/data-protection-impactassessment-dpia-workshop

37 TM GDPR compliance programme support Gap analysis Unless you have a team in place, external experienced support can be valuable and independent means of assessing the exact standing of your current legal situation, security practices and operating procedures in relation to the DPA or the GDPR. Data flow audit Data mapping involves plotting out all of your data flows, which involves drawing up an extensive inventory of the data to understand where the data flows from, within and to. This type of analysis is a key requirement of the GDPR. Implementing a personal information management system (PIMS) Establishing a PIMS as part of your overall business management system will ensure that data protection management is placed within a robust framework, which will be looked upon favourably by the regulator when it comes to DPA compliance. Implementing an compliant ISMS with ISO ISO27001 is an effective foundation in complying with GDPR. It can be daunting, external help can also help establish an ISO compliant Information Management Security System quickly and without the hassle, no matter where your authority is located. Cyber health check A cyber Health Check combined with remote vulnerability assessments can be useful in assessing your cyber risk exposure. /dpa-compliance-consultancy

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