Data Protection Impact Assessment
Optimizing GDPR Compliance through DPIA Analysis - Impact Assessment
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What is DPIA and why is it crucial for GDPR compliance?
Data Protection Impact Assessment (also known as DPIA) is an essential tool mandated by the General Data Protection Regulation (GDPR), designed to ensure the protection of personal data within organizations.
The DPIA is a process that helps organizations identify and minimize risks to the privacy of personal data, and is particularly required for new projects and processes that involve processing personal data in ways that may generate high risks to individual rights and freedoms.
Why is DPIA important?
Legal compliance
DPIA is mandatory under certain conditions imposed by GDPR, helping organizations avoid fines and penalties.
Prevent negative impact
By conducting DPIA, organizations can detect and mitigate privacy issues before they become critical.
Transparency and trust
Conducting DPIA demonstrates the organization's commitment to data protection, increasing customer and partner trust.
How do you know you need such an impact assessment (DPIA)?
Article 1 of Decision No 174 of October 18, 2018 of the ANSPDCP requires an impact assessment to be carried out in particular in the following cases:
- Do you process data that include special categories of personal data on a large scale – Do you process data that disclose racial origin, religious beliefs, genetic data, health or other sensitive categories extensively?
- Monitor public areas – Do you deploy video surveillance systems or other monitoring methods in publicly accessible areas?
- Use innovative technologies – Do you apply new technologies, such as artificial intelligence for profiling or automated decisions, that can significantly affect individuals?
- Perform automated profiling or assessment of individuals – Use personal data to assess spect related to job performance, economic status, health, health, behavior or other personal characteristics in an automated way?
- Do you process sensitive data or a large volume of personal data – Does your management include large volumes of personal data or the processing of sensitive data that goes beyond your normal activities?
- Is your processing likely to prevent access to services or contracts – Is your processing about allowing or denying access to financial services, housing, employment opportunities, education or other essential services based on automated profiling?
Shortly!
If you plan to make decisions that may significantly affect individuals, such as dismissal or penalization, based on automated or semi-automated assessments or monitoring, it is essential that you conduct a Data Protection Impact Assessment (DPIA). This process is mandatory when such actions may have legal effects on individuals, especially if individuals are vulnerable. Neglecting the need to conduct a proper DPIA may expose you to significant risks of non-compliance.
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Who is responsible for carrying out such an impact assessment?
The responsibility for ensuring that the DPIA is carried out lies with the controller (Article 35(2)). The DPIA could be carried out by another person, inside or outside the organization, but the controller is responsible for this task.
The controller must also seek the opinion of the Data Protection Officer (DPO) and the DPO must monitor the operation of the DPIA (Article 39(1)(c)).
Where the processing is carried out in whole or in part by a processor, the processor should assist the controller in carrying out the DPIA and provide all necessary information (in accordance with Article 28(3)(f)).
If you need support in carrying out the DPIA, our GDPR expert team can assist you:
DPIA cost
How long does a DPIA take and how much does it cost?
The duration and price of a DPIA is mainly influenced by the complexity of the systems in your company and the amount of data processed. To receive a customized DPIA quotation, please contact us.
Our team is composed of specialists with 20 years of experience in IT, legal and legal fields, with a portfolio of implementations in multinational companies as well as public institutions and SMEs.
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Get to know our amazing team
We are a dedicated team of professionals with over a decade of experience in management, law, and IT. As a trusted partner, we have established long-term relationships with more than 800 multinational corporations, SMEs, and public institutions. Our clients value our expertise in ensuring compliance with data protection laws, privacy regulations, and safeguarding personal data of employees, customers, and collaborators. By choosing us, you can confidently avoid GDPR fines and sanctions.
How is the DPIA done and what does it contain?
The GDPR sets out the minimum characteristics of a DPIA, and the next figure illustrates the generic process to follow for conducting a DPIA:
What happens if you don't do the DPIA?
First, according to Art. 83 para. 4 of the GDPR, failure to carry out a DPIA assessment where the processing is likely to result in a high risk to the rights and freedoms of natural persons is tantamount to non-compliance, so you risk a fine of up to €10 million or up to 2% of your global turnover, whichever is higher.
In addition, the same penalties can also apply for carrying out a DPIA in an incorrect way or failing to consult with the authority when the DPIA reveals high residual risks.
If you are going through a process of strengthening and demonstrating compliance such as a DPIA and need support, our team can provide you with the experience gained in the multiple processes of carrying out DPIAs for various operators, both public and private.
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