The EU General Data Protection Regulation (“GDPR”) comes into force on 25th May 2018 and represents the most significant changes to data protection law in two decades. GDPR places more obligations on companies to ensure that the data they process on EU Citizens is done securely and for lawful reasons.
GDPR makes data protection legislation more relevant to modern technology, the days of printed paper that can be locked in a filing cabinet are long gone and companies must think about how they hold and process data digitally.
From a consumer perspective, GDPR is intended to update and standardise data protection legislation across the EU to provide more protection to EU citizens about how their personal or sensitive data is collected and used.
Fatsoma (‘we’ or ‘us’ or ‘our’) are committed to ensuring the security and protection of the personal information that we process, and to provide a compliant and consistent approach to data protection. We have always had a robust and effective data protection program in place which complies with existing law and abides by the data protection principles. However, we recognise our obligations in updating and expanding this program to meet the demands of the GDPR and the UK’s Data Protection Bill. We are committed to complying with our obligations as Data Controller and Data Processor.
Fatsoma are dedicated to safeguarding the personal information under our remit and in developing a data protection regime that is effective, fit for purpose and demonstrates an understanding of, and appreciation for the new Regulation. Our preparation and objectives for GDPR compliance have been summarised in this statement and include the development and implementation of new data protection roles, policies, procedures, controls and measures to ensure maximum and ongoing compliance.
How We Are Preparing For The GDPR
Fatsoma already have a consistent level of data protection and security, however it is our aim to be fully compliant with the GDPR by 25th May 2018. Our preparation includes: –
- Information Audit – we have carried out a company-wide information audit to identify and assess what personal information we hold, where it comes from, how and why it is processed and if and to whom it is disclosed.
- Data Protection – Our Terms & Conditions have been reviewed and revised to meet the standards and requirements of the GDPR. Accountability and governance measures are in place to ensure that we understand and adequately disseminate and evidence our obligations and responsibilities; with a dedicated focus on privacy by design and the rights of individuals.
- Data Retention & Erasure – we are in the process of updating our retention policy and schedule to ensure that we meet the ‘data minimisation’ and ‘storage limitation’ principles and that personal information is stored, archived and destroyed compliantly and ethically. We have dedicated erasure procedures in place to meet the new ‘Right to Erasure’ obligation and are aware of when this and other data subject’s rights apply; along with any exemptions, response timeframes and notification responsibilities.
- Data Breaches – our breach procedures ensure that we have safeguards and measures in place to identify, assess, investigate and report any personal data breach at the earliest possible time. Our procedures are robust and have been disseminated to all employees, making them aware of the reporting lines and steps to follow.
- International Data Transfers & Third-Party Disclosures – our production data is held within the EU, we have robust procedures and safeguarding measures in place to secure, encrypt and maintain the integrity of the data. Our procedures include a continual review of the countries with sufficient adequacy decisions, as well as provisions for binding corporate rules; standard data protection clauses or approved codes of conduct for those countries without. We carry out strict due diligence checks with all recipients of personal data to assess and verify that they have appropriate safeguards in place to protect the information, ensure enforceable data subject rights and have effective legal remedies for data subjects where applicable.
- Subject Access Request (SAR) – we have revised our SAR procedures to accommodate the revised 30-day timeframe for providing the requested information and for making this provision free of charge. Our new procedures detail how to verify the data subject, what steps to take for processing an access request, what exemptions apply and a suite of response templates to ensure that communications with data subjects are compliant, consistent and adequate.
- Legal Basis for Processing – we have reviewed all processing activities to identify the legal basis for processing and ensuring that each basis is appropriate for the activity it relates to. Where applicable, we also maintain records of our processing activities in a Data Processing Registry which outlines our activities as both Data Processor and Data Controller.
- Obtaining Consent – we are revising our consent mechanisms for obtaining personal data, ensuring that individuals understand what they are providing, why and how we use it and giving clear, defined ways to consent to us processing their information. We have developed stringent processes for recording consent, making sure that we can evidence an affirmative opt-in, along with time and date records; and an easy to see and access way to withdraw consent at any time. These system changes will be in place by 25th May 2018.
- Direct Marketing – we are revising the wording and processes for direct marketing where our Promoters use our Services, including clear opt-in mechanisms for marketing subscriptions; a clear notice and method for opting out and providing unsubscribe features on all subsequent marketing materials.
- Data Protection Impact Assessments (DPIA) – we do not process personal information that is considered high risk, involves large scale processing or includes special category/criminal conviction data. We have implemented documentation processes that record each assessment, allow us to rate the risk posed by the processing activity and implement mitigating measures to reduce the risk posed to the data subject(s).
- Special Categories Data – Fatsoma does not process any Special Categories Data.
Data Subject Rights
In addition to the policies and procedures mentioned above that ensure individuals can enforce their data protection rights, we provide easy to access information via our website of an individual’s right to access any personal information that Fatsoma processes about them and to request information about: –
- What personal data we hold about them
- The purposes of the processing
- The categories of personal data concerned
- The recipients to whom the personal data has/will be disclosed
- How long we intend to store your personal data for
- If we did not collect the data directly from them, information about the source
- The right to have incomplete or inaccurate data about them corrected or completed and the process for requesting this
- The right to lodge a complaint or seek judicial remedy and who to contact in such instances
Information Security & Technical And Organisational Measures
Fatsoma takes the privacy and security of individuals and their personal information very seriously and take every reasonable measure and precaution to protect and secure the personal data that we process. We have robust information security policies and procedures in place to protect personal information from unauthorised access, alteration, disclosure or destruction and have several layers of security measures, including: –
- Restricted access to data based on security level – (See Fatsoma security policy) and multi-factor authentication is being developed required to access any data. Bank account credentials are encrypted; Login credentials are salted and sensitive data is hashed when used internally.
We use industry standard TLS to encrypt communication between the browser and our servers – and regularly review the TLS protocol versions and hashing algorithms that we enable.
GDPR Roles And Employees
Fatsoma have designated Chris Pearson as our Data Protection Officer (DPO) Appointed Person and have designated a data privacy team comprising representatives from the board, the development team, marketing and the platform team to develop and implement our roadmap for complying with the new data protection Regulation. The team are responsible for promoting awareness of the GDPR across the organisation, assessing our GDPR readiness, identifying any gap areas and implementing the new policies, procedures and measures.
Fatsoma understands that continuous employee awareness and understanding is vital to the continued compliance of the GDPR and have involved our employees in our preparation plans. We have implemented an employee training program specific to the which will be provided to all employees prior to 25th May, 2018, and forms part of our induction and annual training program, this is a combination of online GDPR training and attending GDPR training events depending on the role of the individual.
If you have any questions about our preparation for the GDPR, please contact Chris Pearson.