As a small business owner, understanding and adhering to the requirements of GDPR can be a complex task. In the realm of archived documents, it becomes an even more pressing issue.
Understanding GDPR
The GDPR [1] necessitates transparent information handling, ensuring that data is processed legally and transparently. It mandates that firms must only retain data needed for a specific purpose, and the subject's permission is required before their data can be processed.
It's crucial to understand what personal data includes. It ranges from names, addresses, and contact information to IP addresses and mobile device identifiers. GDPR rules stipulate that such information must be processed lawfully, transparently, and for a specific purpose. After that purpose is fulfilled, the data must be erased.
Rights of Data Subjects
The GDPR accords subjects several rights, including access to their personal data and the ability to correct inaccurate information. Individuals have the right to have their data erased (the ‘right to be forgotten'), restrict or object to data processing, and the right to data portability. Businesses must uphold these rights and provide mechanisms for data subjects to exercise them.
Small businesses must design their archive systems to honour these rights. For instance, if a customer exercises their ‘right to be forgotten,' the business must have the capacity to find and erase all stored data pertaining to that individual, even in archived documents. This requires a structured and efficient archival system.
Data minimisation principle
The GDPR introduces the concept of ‘data minimisation,' which means companies should only process the necessary data for the completion of their duties. This principle extends to storage: businesses should not keep more data than necessary. The implications for archival practices are profound and require astute management to stay compliant.
You'll need to evaluate the data you're storing and ask yourself whether it's essential to your operations. If it's not, or it's outdated, it should be securely erased. It may be worth considering document scanning services, which digitise records and help reduce the amount of data physically stored. You can also use quality, reputable file compressors [2] to ensure that the documents you do keep, don't take up too much space in your storage, whether hard drive or cloud.
Securing personal data
Under GDPR, businesses have a legal duty to protect personal data. This requirement includes both active and archived data. The use of encryption and pseudonymisation is encouraged to reduce the risk of data breaches and protect the rights of individuals.
As part of their data protection strategy, small businesses should also consider physical security measures for their archived documents, such as secure storage facilities. An integral part of being GDPR compliant involves having robust procedures in place to detect, report, and investigate a personal data breach.
Data protection by design and default
The GDPR introduces the principles of ‘data protection by design and default.' This means businesses must incorporate data protection into the very core of their activities. For archived documents, this might mean rethinking how and why documents are stored and ensuring that protective measures are integrated into every process.
This principle could mean developing new ways of storing data that align more closely with GDPR requirements. Consider engaging a data protection officer or a consultant to help streamline these processes and ensure your business maintains GDPR compliance.
GDPR compliance and third parties
If third parties handle your document archiving, it's vital to ensure they are also GDPR compliant. Under the regulation, data controllers are legally responsible for any breaches, even if they are caused by a third-party service provider.
You should scrutinise your service providers' data protection policies and processes, making sure they align with the GDPR. If they do not, it may be time to seek alternative providers who can assure compliance.
Documenting your GDPR compliance
The GDPR requires businesses to document their data processing activities. This documentation must be detailed enough to demonstrate compliance with the regulation. Regular audits of data storage and processing are advisable to ensure ongoing adherence to GDPR rules.
Keep records of your GDPR compliance efforts. This includes data processing records, data protection impact assessments, and any other relevant documentation. It's not only a requirement but a way to demonstrate your commitment to data protection.
Handling data breaches
GDPR sets a high standard for data breach notification. In the event of a data breach, you'll need to notify the appropriate supervisory authority within 72 hours. If the breach poses a high risk to individuals' rights and freedoms, the affected individuals must also be informed.
Ensure that your business has a robust plan in place to identify and handle data breaches, and that this plan extends to archived documents. Data breaches aren't limited to current, active data-archived documents, if not properly secured, can also be a source of breaches.
Role of a Data Protection Officer (DPO)
For some organisations, appointing a Data Protection Officer (DPO) [3] is mandatory under GDPR. While this may not apply to many small businesses, having a DPO or a dedicated person to oversee data protection can be beneficial.
The DPO can help ensure that data protection is integral to your business operations, including the storage and management of archived documents. They can conduct regular audits, identify potential areas of non-compliance, and help implement corrective measures, ensuring that your business stays on the right side of GDPR.
Records of processing activities
The GDPR requires companies to keep detailed records of their data processing activities. This applies to both current and archived data. These records should include information like the purpose of the processing, a description of the data categories, details of transfers to third countries, and a general description of security measures in place.
For business owners, this could mean keeping a detailed inventory of all archived documents and the personal data they contain, the reasons for their retention, where they are stored, and the security measures protecting them. Regularly updating and auditing this record can help you manage your data more effectively and ensure compliance.
Conclusion
In an increasingly data-driven world, GDPR compliance is vital. Navigating the nuances can be challenging, especially for small business owners. Yet, understanding the importance of data protection and implementing necessary steps is crucial. By aligning archived document storage with GDPR standards, businesses not only ensure legal compliance but also gain their customers' trust-a valuable asset in today's business landscape.