Compliance Strategies & RegulationsCompliance in PracticeData Protection

The protection of personal data: Technical and organizational measures for companies

The protection of personal data: Technical and organizational measures for companies
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Arthur
12.07.2023

Introduction

Handling personal data requires a high level of due diligence, as this sensitive information must not fall into wrong hands. Both electronic and analog data directories must be protected. Technical and organizational measures (TOM) play a crucial role here, as they encompass all precautions that must be taken to protect personal data.

Technical and organizational measures at a glance.

To give you an overview of the technical and organizational measures that companies should take, consider the following aspects:

Guaranteeing the secure processing of personal data.

It is critical that you ensure that personal data is processed securely to prevent unauthorized access.

Documentation obligation according to the GDPR.

You are required to keep a written record of the TOM in order to meet the requirements of the General Data Protection Regulation (GDPR).

Implementation of physical protection measures

Physical protection measures such as access controls, alarm systems and building security are required to ensure the protection of analog data directories.

Staff actions, policies, and procedures.

You must provide clear instructions and training to ensure that your employees take the proper actions when handling personal data.

Consideration of the current state of the art.

It's important to stay on top of technological developments and make sure your safeguards are up to date.

Risk assessment according to the principle of proportionality.

You must conduct a risk assessment to identify and implement appropriate safeguards that are proportionate to the identified risks.

Data protection and data security.

In data protection law, a distinction is made between data protection and data security. While data protection regulates the legal requirements for the protection of personal data, technical and organizational measures relate to data security, i.e. how the protection of data is ensured. It's important that you pay attention to both data protection and data security.

Examples of TOM according to the GDPR.

The technical and organizational measures that should be taken in accordance with the GDPR include:

Technical measures in the area of data processing (IT).

  • Use of a firewall and anti-virus software
  • Monitoring of database access
  • Encryption and backup of data media and data processing

Physical measures

  • Access controls
  • Setting up internal and external alarm systems
  • Building security
  • Securing the premises

Organizational measures

  • Implementation of process training
  • Data protection training for the workforce
  • internal and external confidentiality
  • visitor registration

Which technical and organizational measures are appropriate?

The GDPR specifies that the protective measures taken must provide an appropriate level. The likelihood of an incident occurring and the severity of the risk must be taken into account. It is important to respect the rights and freedoms of data subjects.

heyData - 8 Appropriate Steps to Adequate Corporate Safeguarding.

To ensure adequate enterprise safeguarding, we recommend you take the following 8 steps:

1. Review how data processing is handled in your organization, including the type of data, the purpose of the data processing, and the systems used.

2. Ensure that data is collected and processed in accordance with legal requirements. Ensure clear purpose limitation and compliance with data processing principles.

3.Identify the business processes that need to be secured and clarify which services, performances, systems, spaces and connection relationships are worthy of protection.

4. Perform a risk analysis to identify and name potential risks. Analyze the consequences of data protection mishaps and assess the likelihood of occurrence based on experience or industry comparisons.

5. Implement appropriate security measures that are both cost-efficient and effective. Consider the current state of technology and combine technical and organizational measures to achieve the greatest possible success. 

6. keep an eye on the residual risk and inform yourself about possible protective measures to minimize this risk. 

7. evaluate your organization by conducting internal and external assessments. Consult an external data protection officer and get feedback from employees. heyData is happy to provide you with an assessment. 

8. Implement the necessary measures and monitor their implementation. Create a schedule and determine who is responsible for implementation.

Are technical and organizational measures mandatory?

Yes, the implementation of technical and organizational measures is mandatory to meet legal requirements and avoid potential sanctions, warnings or fines. In addition, a lack of protective measures can lead to a loss of image and economic losses. It is advisable to carry out complete documentation of security measures, especially in the IT area. If you work with external service providers, you should also check their technical and organizational measures and have them confirmed in writing.

TOM - Security and Corporate Philosophy

Implementing technical and organizational measures not only improves data protection, but also adds value to your business. Some benefits are:

  • Consistent and better protection of sensitive company data
  • Demonstration of the efficiency of company processes
  • Increasing value creation through assessment and potential improvements of the IT infrastructure
  • Strengthening employee retention and satisfaction through involvement in processes

heyData - what can we do for your company?

heyData offers all-encompassing data protection solution that supports companies in implementing technical and organizational measures. Our services include:

  • External data protection officer: coordination and monitoring of compliance with the GDPR, evaluation and suggestions for improvement.
  • IT landscape review: analysis of technical status and close collaboration with your IT department.
  • Training and discussions: exchange of ideas and proposals for measures in collaboration with your employees to increase employee satisfaction.
  • Evaluation and implementation of technical and organizational measures: Efficient evaluation and implementation of measures to secure your business.

Request our expert knowledge and benefit from our experience. Start with the first organizational measure and contact us today!

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