If there were an easy solution available, organizations could opt for certification under an approved UK GDPR certification scheme. The Data Protection Act 2018 empowered the Information Commissioner's Office (ICO), the privacy regulator in the UK, to accredit certification scheme providers for demonstrating compliance with the GDPR principles. However, a widely applicable certification scheme suitable for various types and sizes of UK organizations has not been established yet. Although the ICO approved three certification schemes in August 2021, they were designed for specific purposes like IT asset disposal, age assurance, and age-appropriate design. If there were an easy solution available, organizations could opt for certification under an approved UK GDPR certification scheme.
The Data Protection Act 2018 empowered the Information Commissioner's Office (ICO), the privacy regulator in the UK, to accredit certification scheme providers for demonstrating compliance with the GDPR principles. However, a widely applicable certification scheme suitable for various types and sizes of UK organizations has not been established yet. Although the ICO approved three certification schemes in August 2021, they were designed for specific purposes like IT asset disposal, age assurance, and age-appropriate design. In the period leading up to the May 2018 deadline, many organizations formed task forces or project teams to address GDPR compliance.
Most of these teams were disbanded once compliance was achieved, although some organizations appointed a data protection manager/DPO or compliance officer to oversee ongoing compliance efforts. Maintaining good intentions for compliance can be challenging when other business priorities emerge, and the limited guidance available during the GDPR launch further complicated matters. As a result, some organizations may discover that their compliance falls short of their initial expectations due to shifting requirements.
Presently, there is a British Standard known as BS 10012, which offers a best practice framework for managing personal information. While it is not an international standard like ISO 27001 and does not provide a comprehensive model for UK GDPR compliance, BS 10012 aligns with GDPR principles and serves as a useful starting point. However, implementing BS 10012 is not a quick solution achievable within a few months.
To demonstrate UK GDPR compliance, a practical approach is to arrange an external audit conducted by an experienced GDPR/DP practitioner. This audit, if properly structured, not only verifies compliance status but also provides valuable advice and insights into effective practices adopted by other organizations.
An effective UK GDPR compliance audit, with the assistance of experienced GDPR consultants, goes beyond assessing compliance with DP/UK GDPR rules; it also evaluates adherence to internal policies, processes, and procedures that were established to ensure UK GDPR compliance in the first place. To assess your level of compliance with the GDPR, consider the following questions:
· Are you adhering to your policies?
Have you reviewed your consent mechanisms?
Are you continuously evaluating third parties and their contractual conditions?
Have you maintained an up-to-date register of processing activities?
Has your business undergone any changes, and are your lawful grounds for processing still valid?
Have you reviewed your data flows in light of any modifications?
Have you kept records of your Data Protection Impact Assessments (DPIAs) and conducted DPIAs where necessary?
Do you have an effective mechanism in place to handle subject access requests?