Staying GDPR Ready with MaaS360. Ankur Acharya Offering Manager, IBM MaaS360

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1 Staying GDPR Ready with MaaS360 Ankur Acharya Offering Manager, IBM MaaS360

2 GDPR Overview Unified data protection law Most important change in data privacy regulations in 20 years Will replace the existing Data Protection Directive 95/46/EC Will simplify regulatory environment for international business Applies to companies processing personal data of EU residents Enhance the level of data protection for EU data subjects Aimed to protect and empower all EU citizens data privacy Modernized law in line with existing and emerging technologies Helps encourage innovation and the use of big data/analytics GDPR will fundamentally change the way organizations must manage their people, policies, processes and technologies. Enforcement date: 25 May 2018 Fines up to 4% of annual global revenue for breaching GDPR or 20M 2 IBM Security

3 Responsibilities shared with a Data Processor - MaaS360 Currently: Data Controllers are solely responsible for the security and privacy of EU data subjects. No liability of Data Processors. GDPR: Data Processors will share direct compliance obligations with the Data Controllers. Increased Territorial Scope Applies to all global locations of storing/processing EU resident s data Obtain User Consent Data controllers need permission from EU residents to store, collect or process their data Right to Access & Rectify EU resident s right to know what personal data is being processed, where & why EU resident s right to request correction on incorrect data Breach Notification Controllers obligated to notify data subjects with 72 hours of data breach. Right to be Forgotten EU resident s right to request erasure of all electronic data Data Portability EU residents may request their personal data (in portable format) from one data controllers & transmit to another Privacy by Design Hold/process only the absolutely needed data and limit access to only those who need it to perform their jobs Appoint Data Protection Officers Appoint DPO to ensure compliance of large scale regular/systematic data operations. Assist Data Protection Authorities Timely assist DPA with records of processing activities. 3 IBM Security

4 Increased territorial scope requirements Requirement MaaS360 Status Document cross-border data transfers. Targeted: Q Compliance with pre-gdpr Data Protection Directive. Security compliance is enforced in all MaaS360 data centers. Compliant today. Compliant today. Complete data-maps available to customers. Targeted: Q EU Model Clause to be shared under NDA. The processor must not appoint a sub-processor without the prior written consent of the controller. Available today. Available today. Overall Status: Working 4 IBM Security

5 Obtaining User Consent Requirement MaaS360 Status Obtain explicit user consent to collect relevant information. Document what information is being collected and what it is used for. Utilize Privacy by Default principles to design solutions. Compliant today. Compliant today. Compliant today. Value-Add: IBM MaaS360 Service Description states: IBM will only process such Personal Information to the extent required to make the IBM Cloud Services offering available in accordance with IBM s published descriptions of IBM Cloud Services and Client agrees that any such processing is in accordance with Client s instructions. MaaS360 Service Description: MaaS360 EULA: Overall Status: Complete 5 IBM Security

6 Right to access information collected and rectify incorrect data Requirement MaaS360 Status Provide data controllers field level details on user data collected, why it is collected and where is it being stored/processed. Targeted: Q Enable data controllers to rectify user data. Targeted: Q Value-Add: IBM MaaS360 Personal Information Assessments are underway to map and provide data controllers field level details on the data collected from their users. MaaS360 is working towards providing details relating to purpose, categories, recipients, storage periods, significance and how to seek rectification. We aim to have this ready on/before Q Overall Status: Working 6 IBM Security

7 Right to request collected data in portable format Requirement MaaS360 Status Enable data controllers to provide an electronic copy of the user s collected data upon request. Compliant today. Value-Add: MaaS360 administrators can download user data in a portable format (csv) from the MaaS360 portal. Overall Status: Complete 7 IBM Security

8 Breach Notifications Requirement MaaS360 Status Data processors will be required to notify their customers, the controllers, without undue delay after first becoming aware of a data breach. Compliant today. Value Add: MaaS360 has had ZERO breaches thus far. However, MaaS360 as a breach notification process is in place. IBM also has a web/ /phone system for the customer to report any security incident. IBM (Product Security Incident Response Team) PSIRT: Overall Status: Complete 8 IBM Security

9 Right to be forgotten Requirement MaaS360 Status The controller/processor shall have the obligation to erase personal data without undue delay. Compliant today. Value Add: MaaS360 already has a formal process to securely destroy all customer data upon customer request or after the expiry of a contract. Currently, MaaS360 admins can retrieve and export all user data in a portable format. However, MaaS360 as a breach notification process is in place. Efforts are underway to ensure MaaS360 admins can retrieve, export and delete individual user level data upon user request. MaaS360 follows best practices by aligning private data with the reason for retaining them, and proactively driving timely disposition. Overall Status: Complete 9 IBM Security

10 Privacy by Design & Privacy by Default Requirement MaaS360 Status Utilize Privacy by Design principles to design solutions. Compliant today. Limit access to only those personnel who need it to perform their job, including IBM admin and support team. Compliant today. Utilize Privacy by Default principles to design solutions. Compliant today. Value-Add: MaaS360 collects, stores and processes minimal personal data. MaaS360 stores user data in a container on the device, not on its servers. Thus, the personal data is stored on the user s device and MaaS360 Cloud Service or Product Teams have no visibility to it. For several years IBM has been recognized as the Most Trusted for Privacy in the technology industry in North America. IBM was one of the first companies in the world to adopt a global privacy code. IBM holds multiple patents in the area of privacy innovation. Overall Status: Complete 10 IBM Security

11 Appoint Data Privacy Officer & Assist Data Protection Authorities Requirement MaaS360 Status Appoint DPO to maintain internal operational integrity and help customers achieve and retain compliance. Processor must keep records of its processing activities performed on behalf of the controller and make them available upon request by DPAs. Compliant today. Compliant today. Value-Add: IBM has appointed a DPO for Europe. IBM MaaS360 offers extensive logging & audit capabilities + reporting (who, what, when, why) to maintain a complete trail of access and changes made. This information is readily accessible via the MaaS360 portal. Overall Status: Complete 11 IBM Security

12 Checklist to validate Data Processor s GDPR Readiness Requirement MaaS360 Status Completion Date Complete data-maps available to customers. Targeted: Q Obtain user consent through Service Agreements and EULA Establish processes addressing data subjects access & correction Targeted: Q Establish data breach response and notification protocols Erase personal data upon request without undue delay. Done Done Done Enable data controllers to provide an electronic copy of the user s collected data upon request. Privacy should be factored into products and procedures from the design stage onwards. Appoint a Data Protection Officer Develop audit capabilities and processes to support Data Protection Authorities (DPA) Done Done Done Done 12 IBM Security

13 THANK YOU FOLLOW US ON: ibm.com/security securityintelligence.com youtube/user/ibmsecuritysolutions Copyright IBM Corporation All rights reserved. The information contained in these materials is provided for informational purposes only, and is provided AS IS without warranty of any kind, express or implied. Any statement of direction represents IBM's current intent, is subject to change or withdrawal, and represent only goals and objectives. IBM, the IBM logo, and other IBM products and services are trademarks of the International Business Machines Corporation, in the United States, other countries or both. Other company, product, or service names may be trademarks or service marks of others. Statement of Good Security Practices: IT system security involves protecting systems and information through prevention, detection and response to improper access from within and outside your enterprise. Improper access can result in information being altered, destroyed, misappropriated or misused or can result in damage to or misuse of your systems, including for use in attacks on others. No IT system or product should be considered completely secure and no single product, service or security measure can be completely effective in preventing improper use or access. IBM systems, products and services are designed to be part of a lawful, comprehensive security approach, which will necessarily involve additional operational procedures, and may require other systems, products or services to be most effective. IBM does not warrant that any systems, products or services are immune from, or will make your enterprise immune from, the malicious or illegal conduct of any party.

14 Appendix

15 GDPR: TERMINOLOGY Data Protection Data Privacy is the is the relationship between the collection and dissemination of data, technology, the public expectation of privacy, and the legal and political issues surrounding them. The challenge of data privacy is to utilize data while protecting individual's privacy preferences and their personally identifiable information. Data Security is is the practice of preventing unauthorized access, use, disclosure, disruption, modification, inspection, recording or destruction of information. It is a general term that can be used regardless of the form the data may take (e.g. electronic, physical). Data processing - Any handling of Personal Data throughout its entire life cycle, from collection to deletion, is considered processing. Even remote access is considered processing. Personal Data - any information relating to an identified or identifiable natural person ( data subject ) 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. For example, IBM customers who conduct business with EU residents. Data processor - any person (other than an employee of the data controller) who processes the data on behalf of the data controller. For example, IBM who stores and/or processes EU resident data for it s customers. Model Clause - The EU Model Clauses are standard contractual clauses used in agreements between data controllers and data processors to ensure that any personal data leaving the EU will be transferred in compliance with EU data protection law and meet the requirements of the EU Data Protection Directive that precedes GDPR. 15 IBM Security

16 GDPR: ENHANCED RIGHTS FOR EU DATA SUBJECTS Key definition of Personal Data now explicitly includes online identifiers (e.g. IP addresses, cookies etc.) and location data, and new terms such as biometric data, genetic data and pseudonymous data have been introduced Higher standards for privacy notices and for obtaining consent e.g. from implied consent to consent given by a clear affirmative act Easier access to data by a data subject expands the set of information to be provided to individuals and removes the right for controllers to charge a fee for access requests Enhanced right to request the erasure of data the circumstances under which data subjects have the right to request that any of their personal data held by controllers and processors be erased have been expanded Right to transfer data to another organization (portability) controllers must enable the transfer of structured and/or raw data to another organisation through a commonly used electronic format if requested by the data subject Right not to be profiled Right to object to processing now explicitly includes right to object to profiling 16 IBM Security

17 IBM s six phase approach toward GDPR Diagnose Define Design Develop Deliver Demonstrate Activity Conduct GDPR impact assessment across governance, people, processes, data, security Develop roadmap for GDPR compliance Define DP strategy & policy Track requirements Assign roles and responsibilities Conduct data assessment Design or update all governance instruments, training and communication, and processes standards Build personal data inventory Design data management and security management standards Develop and embed procedures, processes, jobaids, and tools Deliver DP training Develop DP notices Develop and embed standards in Data- and Security management Execute all relevant business processes Deliver notices Manage data in line with policy Guard security Monitor, assess, audit, report and evaluate adherence to GDPR standards Outcome Understanding the risk Will bring insight to the impact of GDPR and a high level plan to meet the requirements Strategy defined Will define the DP strategy based on a risk assessment and an intial view on what personal data is stored Design agreed Will bring detailed view on DP controls, processes and solutions to be implemented. Process & systems updated Implement processes and solutions Transition to BAU Operationalization of the requirements Compliance evidence created Evaluate and improve the processes against performance, costs and new / changed GDPR requirements 17 IBM Security

18 Increases the scope of existing EU Data Privacy Laws EU Individual Rights enhanced, harmonized and extended globally Inform / access / rectify / erase / object Give or withdraw data specific consent Insight in automatic decision making Transfer personal data to other provider (portability) Broadened scope Personal Data All direct and indirect identifiers Behavioral-, derivedand self-identified data Adds biometric and genetic data Some exemptions where data used by government or for research. Organizational Impact Stringent data security & 72 hour breach notification Data controller and data processors liable for breaches Data controllers legally bound to validate data processor s compliance Data Protection Officer obligatory in specific cases Conditions for crossborder data transfer altered Increased cost of non-compliance Fines up to 4% of annual revenue or 20 million Euro Data Privacy Authorities empowered Increased activist and court activity Risk/Cost of reputation loss 18 IBM Security

19 GDPR: Get Ready with IBM MaaS360 PRODUCT SECURITY: COGNITIVE INSIGHTS ADVISOR IBM MaaS360 Cognitive Analytics Advisor is a cognitive engine to improve Data Controller s efficiency by providing contextual best practices, productivity improvement opportunities and emerging threat alerts. Key differentiator leading Innovation within Mobility with Descriptive, Predictive & Prescriptive Analytics. Helps Data Controllers maintain GDPR compliance with early discovery and improved security offering actionable insights and contextual analytics. Descriptive What is happening? Real-time & Richer Reports Dashboards Visualization Mobile Metrics Predictive What may happen? Cognitive Insights Trend Analytics Device Risk Score Predictive Threats based on Score Prescriptive What to do? Benchmark based recommendations Community driven recommendations Device Contextual action recommendations based on insights and risk score. 19 IBM Security

20 GDPR: Get Ready with IBM MaaS360 PRODUCT SECURITY: UEM MaaS360 Unified Endpoint Management system offers a comprehensive, highly secure platform that manages and protects Devices and Things (smartphones, tablets, laptops, desktops, wearables and IoT), People and Identity (authentication, authorization, Single Sign On, secure use access), and Apps and Content. This allows admins to maintain compliance with: a single sign-on management, user management, device management, device health checks, update management, resource management, device security, access control, app delivery. Devices and things People and identity Apps and content 20 IBM Security

21 GDPR: Get Ready with IBM MaaS360 PRODUCT SECURITY: BEST PRACTICES IBM conducts regular security training and phishing tests. Administrators supporting our cloud environments' infrastructure can only access them through a VPN. Accessing this VPN requires not only a strong username/password but also two-factor authorization. Administrators' workstations are required to conform to security standards covering encryption, antimalware software, patch management, baseline security settings, and compliance monitoring. Alerting for suspicious or unusual activity within the production networks. Routine penetration testing and vulnerability scans of the MaaS360 cloud platform and applications. Regular patching of both the MaaS360 products and underlying infrastructure MaaS360 cloud environments are completely separate and isolated from other IBM networks, minimizing the risk that a breech elsewhere within IBM could be used to attack the client via MaaS360. Certifications/audits such as ISO27001, and SOC2 provide additional independent assurance that MaaS360 is using appropriate security measures. 21 IBM Security

22 GDPR: Get Ready with IBM MaaS360 PRODUCT SECURITY: CERTIFICATIONS SOC-2 Type-II: Annual SSAE-16 certification FedRAMP Certification: Package ID: F , authorized on 7/17/2015. Authority to operate: Department of Commerce, Department of Labor, Department of the Interior, General Services Administration, National Institute of Standards and Technology, National Oceanic and Atmospheric Administration, National Telecommunications and Information Administration, Nuclear Regulatory Commission. FISMA Certification TRUSTe Certification: TRUSTe certifies us for the EU SafeHarbor Framework, Privacy Certification and Trusted Cloud properties are being followed EU SafeHarbor Framework, now the EU-US Privacy Shield Framework CSA Security, Trust & Assurance Registry (STAR) Certification ISO27001 ISO IBM Security

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