GDPR

The EU General Data Protection Regulation (GDPR) came into force across the European Union on 25th May 2018 and brought with it the most significant changes to data protection law in the last two decades. Based on privacy by design and taking a risk-based approach, the GDPR has been designed to meet the requirements of the digital age.

Our Commitment

We 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 recognize our obligations in updating and expanding this program to meet the demands of the GDPR as well all other compliance laws.

Yoanone and its subsidiaries 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 summarized 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/Have Prepared for the GDPR

Yoanone already has a consistent level of data protection and security across our organization, however, it is our aim to be fully compliant with the GDPR and remain fully compliant.

Our preparation included:–

Information Audit – 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.

Lawfulness of Processing – Under GDPR regulations, our marketing agency ensures that all data processing activities are carried out lawfully, with explicit consent obtained from individuals for each specific purpose. We meticulously adhere to lawful grounds for processing, such as consent, legitimate interests, contractual necessity, or compliance with legal obligations. Prior to initiating any marketing campaigns, we obtain clear consent from individuals, outlining the purpose of data usage and providing them with the option to opt-out at any time. Our commitment to lawful processing is fundamental in upholding the privacy rights and trust of our clients and their customers.

Record of Processing Article 30 of the General Data Protection Regulation mandates that written documentation and an overview of the processes used to process personal data be provided. Significant information concerning data processing, such as data categories, the group of data subjects, the processing's goal, and the data receivers, must be included in records of processing operations. Authorities must have full access to this upon request.

As stated in GDPR Art. 30(2), the need to keep records of processing operations is imposed not only on the controller and their representation, but also directly on the processor and their representatives. As stated in Art. 30(5) GDPR, organizations or companies with fewer than 250 employees are exempt from maintaining a record if the processing is unlikely to jeopardize the rights and freedoms of the data subject, if no special categories of data are processed, or if the processing is carried out infrequently.This exemption is rarely applicable in real life. Aside from any challenges that may arise when interpreting what is meant by "only occasionally," most businesses will undoubtedly process data on a regular basis, even under a broad interpretation of the term. This includes processing data for their website, online store, pay calculator, and CRM systems. It is important to remember that authorities inspecting the Data Protection Regulation's implementation will concentrate on the requirement for documentation and, consequently, records of processing activities.

According to GDPR Art. 83(4)(a), a corporation faces fines if it fails to keep track of processing activities and/or does not give authorities a comprehensive index. Up to 10 million euros in fines, or 2% of their yearly revenue, might be imposed. Generally speaking, the authorities only evaluate this total in extreme circumstances. As stated in recital 13, "to take account of the specific needs of micro, small, and medium-sized enterprises in the application of this Regulation," the authorities are encouraged to do this.

Security of Processing – 1. The controller and the processor shall implement appropriate organizational and technical measures to ensure a level of security appropriate to the risk, taking into account the state of the art, the costs of implementation, the nature, scope, context, and purposes of processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons. As appropriate, these measures may include, among other things:

• The encryption and pseudonymization of personal information
• The capacity to guarantee the continuous privacy, reliability, availability, and integrity of processing systems and services
• a procedure for routinely putting organizational and technical security measures to the test, measuring, and evaluating their efficacy.

Penalties, Fines, and Sanctions – In compliance with the General Data Protection Regulation, national authorities may or may not impose fines for particular data protection offenses. The power to impose temporary or permanent limitations, including a ban on data processing, as well as other remedies or corrective powers, such as an order to stop a violation or an instruction to modify data processing to comply with the GDPR, are all applicable in addition to or instead of the fines. Regarding the clauses pertaining to processors, he could face penalties alone, in tandem with the controller, or both.

Fines imposed must be both effective and proportionate to each unique case to deter future violations. Authorities refer to a set of criteria mandated by law to determine the appropriate penalty level, taking into account factors like deliberate infringement, failure to mitigate damage, or lack of cooperation. Severe violations, as outlined in Art. 83(5) GDPR, could result in fines of up to €20 million or 4% of global turnover, while less severe violations may incur penalties of up to €10 million or 2% of global turnover. The term "undertaking" encompasses various economic entities, as defined by EU law. Member States are also required to establish penalties for GDPR breaches not covered by Art. 83, ensuring they are effective, proportionate, and serve as a deterrent.

A company's illegal situation may be exposed by the data protection authorities through proactive inspections, by disgruntled employees, by customers or prospective customers who file complaints with the authorities, by the company issuing a self-denunciation, or by the media in general, particularly through investigative journalism.

An summary of the fines and penalties that data protection authorities in the European Union have levied so far is provided by the Enforcement Tracker.

Policies & Procedures – [revising/implementing new] data protection policies and procedures to meet the requirements and standards of the GDPR and any relevant data protection laws, including: –

Data Protection – our main policy and procedure document for data protection has been overhauled 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 have updated our retention policy and schedule to ensure that we meet the ‘data minimization 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 – where Yoanone. stores or transfers personal information outside 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 enough 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 are reviewing 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, ensuring that our obligations under Article 30 of the GDPR and Schedule 1 of the Data Protection Bill are met.

Privacy Notice / Policy – we have revised our Privacy Notice(s) to comply with the GDPR, ensuring that all individuals whose personal information we process have been informed of why we need it, how it is used, what their rights are, who the information is disclosed to and what safeguarding measures are in place to protect their information.

Obtaining Consent – we have maintained and strengthened 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.

Direct Marketing – we [have revised] the wording and processes for direct marketing, 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) – where we process personal information that is considered high risk, involves large scale processing or includes special category/criminal conviction Data we have developed stringent procedures and assessment templates for carrying out impact assessments that comply fully with the GDPR’s Article 35 requirements. 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 subjects”.

Processor Agreements – where we use any third-party to process personal information on our behalf (i.e. Payroll, recruitment, hosting, etc.), we have drafted compliant Processor Agreements and due diligence procedures for ensuring that they as well as we”, meet and understand their/our GDPR obligations. These measures include initial and ongoing reviews of the service provided, the necessity of the processing activity, the technical and organizational measures in place and compliance with the GDPR.

Special Categories Data – where we obtain and process any special category information, we do so in complete compliance with the Article 9 requirements and have high-level encryptions and protections on all such data. Special category data is only processed where necessary and is only processed where we have first identified the appropriate Article 9(2) basis or the Data Protection Bill Schedule 1 condition. Where we rely on consent for processing, this is explicit and is verified by a signature, with the right to modify or remove consent being clearly signposted.

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 websites of an individual’s right to access any personal information that Yoanone and 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 request the erasure of personal data where applicable” or to restrict processing in accordance with data protection laws, as well as to object to any direct marketing from us and to be informed about any automated decision-making that we use
• The right to lodge a complaint or seek judicial remedy and who to contact in such instances

Information Security & Technical and Organizational Measures

Yoanone takes the privacy and security of individuals and their personal information very seriously and takes 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 unauthorized access, alteration, disclosure or destruction and have several layers of security measures, including: –

SSL, access controls, password policy, encryptions, pseudonymization, practices, restriction, IT, authentication on all levels of our organization.

GDPR Roles and Employees

Yoanone and its subsidiaries have designated Tim Croz as our [Data Protection Officer (DPO’s)] and have appointed a data privacy team to develop and implement our roadmap for complying with the new data protection regulation. The teams are responsible for promoting awareness of the GDPR across the organization, assessing our GDPR readiness, identifying any gap areas and implementing the new policies, procedures and measures.

Yoanone and its subsidiaries understand 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 May 25th, 2018, and forms part of our induction and annual training program.

If you have any questions about our preparation for the GDPR, please contact :– info@yoanone.com