the gdpr: the catalyst for customer 360 - it governance · step 2: appoint and/or train a dpo/sdpo....

5 July 2017

The GDPR: The catalyst for customer 360

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www.itgovernance.co.uk

Copyright IT Governance Ltd 2017 – v1.0

Founder and Executive Chairman, IT Governance Ltd

Alan Calder Tim Vincent

EMEA Solution Engineer Team Lead

DataStax

Speakers

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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)

• www.itgovernance.co.uk

http://www.itgovernance.co.uk/

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IT Governance Ltd: GRC One-stop shop

All verticals, all sectors, all organisational sizes

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We will cover:

• 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

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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.

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Material and territorial scope

• 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.

Natural person = a living individual

The GDPR also applies to controllers not in the EU

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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

2018.• http://ec.europa.eu/justice/data-protection/reform/index_en.htm

Final text of the Regulation: http://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX%3A32016R0679

http://ec.europa.eu/justice/data-protection/reform/index_en.htm

http://eur-lex.europa.eu/legal-content/en/TXT/?uri=CELEX:32016R0679

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Remedies and liabilities

– 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.

Natural persons have rights

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Penalties

– 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.

Administrative fines

– €20,000,000 or, in case of an undertaking, up to 4% of the total worldwide annual turnover in the preceding financial year.

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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 Consent º Access º Rectification º Erasureº Restrictionº Objection

º Data portability;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.

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The principle of accountability and what it means

“The controller shall be responsible for, and be able to demonstrate compliance with, paragraph 1 ('accountability').”

Article 5 – principles relating to the processing of personal data

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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

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Consent (Art. 7-9)

• 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.

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Transparency (Art. 12-17)

• 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

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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 ofdata 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 therequirements of the GDPR

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Data breaches under the GDPR

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.

Definition

• Notify supervisory authority nolater than 72 hours afterdiscovery

• Must describe the nature ofthe breach

• No requirement to notify if norisk to rights and freedoms ofnatural persons

• Failure to report within 72hours requires explanation

• Notify the data controller of abreach without delay

• All data breaches have to bereported (no exemptions)

• European Data ProtectionBoard (EDPB) to issueclarification with regard to‘undue delay

Controller obligations Processor obligations

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Data Breaches

Obligation for data controller to communicate a personal data breach to data subjects

• Communicate with data subjects without undue delay if the breachrepresents a high risk to data subjects' rights

• Communication must be in clear, plain language• Supervisory authority may compel communication with data subject

• 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

Exemptions

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Security of Processing

– 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

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.

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Cyber-security assurance

• A GDPR requirement – data controllers must implement “appropriatetechnical and organisational measures to ensure and to be able todemonstrate that the processing is performed in accordance withthis 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 demonstratecompliance with their obligations”

– ICO and BSI are both developing new GDPR-focused standards

• ISO 27001 already meets the “appropriate technical andorganisational measures” requirement

• BS 10012 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

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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

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STEP 5: Compliance gap analysis1. Ensure Privacy Notice and SAR documents and processes

are robust and legal2. Records of processing

STEP 6: PIA and security gap analysis

STEP 7: Remediate1. Privacy compliance framework2. Cyber Essentials/Ten Steps to Cyber Security/ISO 27001

STEP 8: Data breach response process (NB: Test!)

STEP 9: Monitor, audit and continually improveNB: steps can be tackled in parallel

Nine Steps to GDPR compliance

GDPR: The Catalyst for Customer 360

Tim VincentEMEA Solution Engineering [email protected]

© DataStax, All Rights Reserved.24

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?

Do you have a Single View of your Customer?

Data Exists in Silos


Mortgage Bank Account House Insurance Life Cover

MDM is NOT the Answer

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MDM• Provides a single source of customer record, a golden record• MDM is not a data integration tool https://tinyurl.com/forrester-mdm• 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

3rd party data

C360

Reporting

Analytics

Discovery

https://tinyurl.com/forrester-mdm

Not Only a Single Customer View

Now a Customer 360 View

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Guaranteed global access

Real-time customer information and responsiveness

Always-on, undisrupted customer experience

A contextual, connected, single view of the customer


Now you can so so much more

Real-Time PersonalizationView and manage the data access controls for Data Subjects.Drive engagement by guaranteeing crucial feedback, a tailored experience, and instantly actionable insight.

C360 Application Characteristics

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Real-Time DistributedAlways-OnContextual Scalable

DataStax Enterprise


Continuously AvailableLinearly ScalableGeographically DistributedInstantaneously ResponsiveIntegrated Search & Analytics

Database for Real time C360

Always-On Data Management for C360

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CX DATA FRAMEWORK

CX Data Platform (DSE)ANALYTICS

APIs

DATA MODEL DATA QUALITY

GOVERNANCE

MATCH & RELATE

SECURITY & ACCESS

Testing MonitorDevelopmentArchitecture

C360 Personalization Recommendation Compliance

DATA INGEST

INDEX & SEARCH

Deployment

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

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DSE Graph provides a contextual view of your customers by revealing the complex relationships among your customer data across all touchpoints.

Better Banking Experience with Great Customer Data

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Mobile Web

Mobile Banking

Customer Service

Internal Data(DB2)

External Data

Complaints

Channel

Customer Relationships

Transactions

ProductsInteractions

Credit Reference Agencies

Social MediaPitchbook

CACI

PSD2 GDPR

MULTINATIONAL COMPANY IN FINANCIAL SERVICES

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Self help materials

A Pocket guidewww.itgovernance.co.uk/shop/Product/eu-gdpr-a-pocket-guide

Implementation manualwww.itgovernance.co.uk/shop/Product/eu-general-data-protection-regulation-gdpr-an-implementation-and-compliance-guide

Documentation toolkitwww.itgovernance.co.uk/shop/Product/eu-general-data-protection-regulation-gdpr-documentation-toolkit

Compliance gap assessment toolwww.itgovernance.co.uk/shop/Product/eu-gdpr-compliance-gap-assessment-tool

http://www.itgovernance.co.uk/shop/Product/eu-gdpr-a-pocket-guide?utm_source=webinar&utm_medium=presentation&utm_campaign=GDPRWebinars

http://www.itgovernance.co.uk/shop/Product/eu-general-data-protection-regulation-gdpr-an-implementation-and-compliance-guide?utm_source=webinar&utm_medium=presentation&utm_campaign=GDPRWebinars

http://www.itgovernance.co.uk/shop/Product/eu-general-data-protection-regulation-gdpr-documentation-toolkit?utm_source=webinar&utm_medium=presentation&utm_campaign=GDPRWebinars

http://www.itgovernance.co.uk/shop/Product/eu-gdpr-compliance-gap-assessment-tool?utm_source=webinar&utm_medium=presentation&utm_campaign=GDPRWebinars

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Training

One-Day accredited Foundation course (classroom, online, distance learning)www.itgovernance.co.uk/shop/Product/certified-eu-general-data-protection-regulation-foundation-gdpr-training-course

Four-Day accredited Practitioner course (classroom, online, distance learning)www.itgovernance.co.uk/shop/Product/certified-eu-general-data-protection-regulation-practitioner-gdpr-training-course

One-Day data protection impact assessment (DPIA) workshop (classroom)www.itgovernance.co.uk/shop/Product/data-protection-impact-assessment-dpia-workshop

http://www.itgovernance.co.uk/shop/Product/certified-eu-general-data-protection-regulation-foundation-gdpr-training-course?utm_source=webinar&utm_medium=presentation&utm_campaign=GDPRWebinars

http://www.itgovernance.co.uk/shop/Product/certified-eu-general-data-protection-regulation-practitioner-gdpr-training-course?utm_source=webinar&utm_medium=presentation&utm_campaign=GDPRWebinars

http://www.itgovernance.co.uk/shop/Product/data-protection-impact-assessment-dpia-workshop?utm_source=webinar&utm_medium=presentation&utm_campaign=GDPRWebinars

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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 27001• ISO27001 is an effective foundation in complying with GDPR. It can be daunting, external help can also

help establish an ISO 27001 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.

www.itgovernance.co.uk/dpa-compliance-consultancy

http://www.itgovernance.co.uk/dpa-compliance-consultancy?utm_source=webinar&utm_medium=presentation&utm_campaign=GDPRWebinars

Questions?

the gdpr: the catalyst for customer 360 - it governance · step 2: appoint and/or train a dpo/sdpo....

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