Modern data protection management encourages an effective data protection organization
The General Data Protection Regulation (GDPR) created and extended several duties in terms of processing personal data. To be able to fulfil these legal obligations, an effective organization and concept of data protection within the framework of a modern data protection management is indispensable. One who fails to perform this task in an adequately extent might be subject to substantial fines, which the European legislator has aligned to the high level of antitrust law.
Data protection management sets up processes and assigns competences
Data processing bears risks for the rights and freedoms of the affected persons. Besides technical measures, the GDPR therefore also requires organizational measures. Creating practice-oriented processes and competences within the workflow of the responsible data controller is one of many measures to prevent data breaches and to comply with the extended documentation obligations of the GDPR. In this context, binding guidelines on data protection management are particularly important in order to guarantee the legitimate processing of personal data by the employees of the data controller.
Data protection management minimizes liability risks
A professional data protection management helps to define internal procedures for handling personal data. It plays a significant role in minimizing liability risks and limiting the risk of organizational fault on the part of the data controller's management. If, despite appropriate guidelines for employees, personal data is processed illegally or in case of data breaches, the proof of adequate internal data protection processes and guidelines can have a positive impact on the decision of a supervisory authority regarding possible sanctions. In order to minimize or prevent potential fines, it is essential for the data controller to establish a professional data protection management.
Proper data protection management fulfills accountability and documentation requirements
The data controller must be able to proof that personal data are processed in accordance with the requirements of data protection laws. Insofar, the GDPR requires companies and authorities to provide extensive documentation regarding the processing of personal data. A modern data protection management supports the data controller to meet these requirements. It enables the documentation of implemented data protection standards and guidelines regarding the processing of personal data and the respective IT systems in line with the GDPR. In this way, the strategies of the data controller for handling personal data are specified and the effectiveness of the data protection management is constantly monitored by the management and the data protection officer.
Modern data protection management can create competitive advantages
A data controller who implements adequate data protection standards and guidelines not only complies with the legal requirements, but also cultivates its reputation in relation to employees, customers and the public. Particularly in case of public bodies and companies in the B2C sector, public reporting of illegal data processing or data breaches can have a significant impact on the image and good reputation of the data controller. An effective data protection management is therefore an essential factor for the success of organizations in mutual competition.
Scheja & Partner advises and supports their clients individually in the implementation of data protection standards and guidelines that fully complies with legal requirements. Our lawyers have the knowledge and experience necessary to successfully implement a functioning data protection management for their clients. In this context, we offer to our clients the exclusive use of the cloud-based data protection management system "PrivacyPilot" developed by us.