&

GDPR for your Payroll Bureau

Thursday 8th March 2018

Agenda

1. GDPR Overview

2. Key Changes to Data Protection Law

3. How to Prepare your Payroll Bureau

4. How BrightPay is preparing

GDPR, what is it?

General Data Protection Regulation

• Aims to provide better protection for personal data

• Current data legislation dates back to 1988

GDPR D-Day

54 Working Days to go

Reasons to Pay Attention!

FINES

CIVIL LIABILITY CLAIMS

BRAND DAMAGE

LOSS OF BUSINESS

COST OF INVESTIGATION

Supervising Authority

Website www.dataprotection.ie

www.gdprandyou.ie

E-mail: info@dataprotection.ie

Phone: +353 (0)761 104 800

Who does it apply to?

• EU Companies that process personal data, regardless of whether the processing takes place in the EU

• Non-EU companies who offer goods or services to individuals in the EU, irrespective of whether payment is required.

• Non-EU companies who monitor individual’s behaviour that takes place in the EU.

Key Terms

Data Subject

An individual

who is the

subject of the

personal data

Data

Controller

Controls the

contents and

use of

personal data

Processing

Operations

performed on

personal data

whether or not

by automated

means

Processor

Processes

personal data

on behalf of

the controller

Personal data breach:

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.

- Key Changes to Data Protection Law

1. Definition of Personal Data

2. Special categories of data

3. Data Protection Principles

4. Lawful Processing of Data

5. Consent

6. Data Processors

7. Security

8. DPOs

10. Data Protection by Design & Default

9. Data Subject Rights

1. What is Personal Data?

“Any information related on a natural person or ‘Data Subject’, that can be used to directly or indirectly identify a person.”

✓ A name ✓ A photo ✓ An email address ✓ Bank details ✓ Posts on social networking websites ✓ Medical information ✓ CCTV images ✓ Records of websites visited ✓ A computer IP address

Personal Data in a Payroll Bureau

• Personal data about clients

• Personal data held of marketing purposes

• Personal data held on employees

2. Special Categories of Data

• Racial or ethnic origin

• Political opinions

• Religious or philosophical beliefs

• Trade union membership

• The processing of genetic data, biometric data for the purpose of uniquely identifying a person

• Data concerning health, a person's sex life or sexual orientation

3. Data Protection Principles

Lawfulness Purpose

Limitation

Data

Minimisation

Accuracy Storage

Limitation

Integrity &

Confidentiality

4. Lawful Processing

Processing is only lawful if:

❖ Data subject has given consent

or ❖ Necessary for the performance of a contract

or ❖ Necessary for the compliance with legal obligation

or ❖ In order to protect vital interests of a person

or ❖ Necessary for public interest or official authority

or ❖ For the legitimate interests of data controller/3rdparty

5. Changes to Consent Rules

Consent must be:

- Specific, informed, unambiguous and freely given

- Must be for a specified purpose

Where consent is obtained as part of a larger document

covering other things, consent must be clearly

distinguished from everything else

Evidence needs to be retained as to how the consent was

obtained - forms, brochures signage, website screenshots etc.

Language must be accessible and easily

understood

6. Data Processors

Controller Instructions

Restrictions on sub-processing

Contract

Records of Data Processing

7. Security

1. Reactive: Breach reporting

➢Breaches to be reported within 72 hours

1. Preventative: Technical & organisational measures

The DPC The individuals

The breach likely to result in a risk to the rights and freedoms of individuals

The breach likely to result in a high risk to the rights and freedoms of individuals

8. The Data Protection Officer (DPO) Mandatory for: ✓ Public Bodies

✓ Organisations engaged in “Large Scale” regular/systematic monitoring

✓ Organisations whose core activities consist of processing “special categories” of data or data relating to criminal convictions

✓ May be mandatory in other contexts as defined by Member State Law

The DPO must: ✓They must not have internal conflict of interests,

✓They be sufficiently senior to implement obligations

✓Does not have to be an employee

9. Enhanced Rights for Individuals

Right to be informed

The right to access

The right to rectification

The right to erasure

The right to restrict

processing

The right to data portability

The right to object

Rights in relation to automated

decision making

10. Other New Concepts

• Privacy by design: seeks to ensure that privacy issues are considered at the outset of a project, rather than being an add on at a later stage of a project.

• Privacy by default: by default only such personal data as is necessary for the identified purposes should be processed.

• Data Protection Impact Assessments (PIAs) – to be conducted in high risk data processing activities.

1. Definition of Personal Data

2. Special categories of data

3. Data Protection Principles

4. Lawful Processing of Data

5. Consent

6. Data Processors

7. Security

8. DPOs

10. Data Protection by Design & Default

9. Data Subject Rights

- How to Prepare your Payroll Bureau

7 Step Preparation Guide

Data Inventory

Policies & Contracts

Capturing Consent

Governance Security

PIAs

&

Data by Design

Advise your Clients

1. Your Data Inventory

• Create in inventory of all personal data held • Why are you holding the data? The legal basis?

• How is data obtained?

• Why was it originally gathered.

• How long data is held for?

• How is data saved? Securely?

• Is data shared? With whom?

2. Contracts & Policies

Contracts

• Review contracts with

your clients

• Advertise GDPR

readiness

• Review contracts with

other 3rd parties

Privacy Notices

• Customer privacy notice

• Employee privacy notice

• No legalese!

3. Capturing Consent

• Review terms & conditions that capture consent

4. Governance

• Reviewing how you will deal with data subject access request

• Appoint a DPO if necessary

• Update staff on data protection

5. Security

• Reviewing your breach reporting process

• Review encryptions

• Organisational measures

6. Data by Design / PIA’s

• Develop privacy impact assessment and privacy by design implementation and review process

7. Advise your Clients

99% of the UK’s 5.5 million businesses employ fewer than 249 people

The GDPR and

you

12 steps to

prepare for

GDPR

- How Thesaurus Software is Preparing

It’s your data

What we have done ✓New in-program features

✓Updated our Privacy Policies

✓Internal IT audits

✓Increased security – in house

✓Introduced extra consent fields

✓Staff training

✓Thesaurus Connect

✓Bright Contracts updated policies

Privacy Policy within Bright Contracts

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Thank You!

G.D.P.R. General Data Protection Regulation

25th May 2018

Thesaurus Software www.thesaurus.ie

support@thesaurus.ie

PH 01 8352074

Bright Contracts www.brightcontracts.ie

support@brightcontracts.ie

PH 01 8499699

- Appendix: GDPR List of Offences

2% Offences • Breaches of provisions relating to consent of Children

• Asking for personal data, citing GDPR as basis, where you are not processing identifiable data

• Failure to implement Privacy by Design/by Default

• Failure to document & communicate Joint Controller relationships

• Failure to appoint a representative if based outside EU

• Failure to ensure contract with Data Processor

• Engagement of a sub-processor by processor without authorisation

• Failure to include prescribe content in Processor Contracts

• Processing data by a Data Processor other than on instruction of Data Controller

• Failure to ensure DPO does not have conflict of interest in execution of duties

• Failure to execute tasks of the DPO under Article 39

• Failure to apply required controls or safeguards under a DP certification scheme

• Failure to keep records of processing activities (Article 30)

• Failure to cooperate with the Supervisory Authority

• Failure to ensure appropriate level of security over personal data

• Failure to ensure ability to restore availability and access to data

• Failure to conduct regular testing of effectiveness of technical and organisational controls for information security

• Failure to notify data breach to Supervisory Authority

• Failure to communicate data breach to Data Subjects (where required)

• Failure to conduct Data Protection Impact Assessments (when required)

• Failure to consult with Supervisory Authority where PIA suggests high risk to rights of individuals

• Failure to engage DPO in a timely manner

• Failure to support DPO in performance of tasks, including provision of resources, access to data and processing operations, and opportunity to maintain expert knowledge

• Failure by a certification body to meet the conditions for accreditation or where actions of the accrediting body infringe the Regulation

4% Offences

• Breaching any of the core principles of GDPR

• Failure to implement measures to comply with the accountability principle

• Failure to comply with standards required for consent, where consent only basis for processing

• Unlawful processing of “special categories” of personal information

• Infringement of rights under Article 12 – 22

• Transfers to 3rd countries in contravention of provisions of Articles 44 to 49

• Failure to comply with any obligation under Member State Law under “Delegated Acts” under Regulation

• Non-compliance with a prohibition under Article 58(2) on processing or data transfers, whether temporary or definitive

• Failure to provide access to Data Protection Supervisory Authority to conduct investigations as per Article 58(1)