May 29, 2023
The Ultimate Checklist for GDPR Compliant Websites
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The Ultimate Checklist for GDPR Compliant Websites
As of May 25, 2018, the European Union (EU) implemented the General Data Protection Regulation (GDPR). GDPR is an EU law that protects the personal data of EU citizens and impacts any business or website with users in the EU. All websites must comply with GDPR if they collect, store, or process the personal data of EU citizens. Ensuring your clients' websites meet all GDPR requirements can be confusing, especially if you're not a lawyer or data privacy expert.
To help you get started, here's a checklist of essential items to ensure your clients' websites are GDPR-compliant. Let's begin by answering basic questions about GDPR and why it's important.
What is GDPR?
The General Data Protection Regulation (GDPR) is an EU privacy law that regulates how companies process and store the personal data of EU citizens. It applies to any business or website with users in the EU, regardless of its location. Data Protection Authorities (DPAs) from the 27 EU countries enforce GDPR regulations. The GDPR was introduced to replace outdated national laws, protect personal data, and give EU citizens more control over it.
Why is GDPR Compliance Important?
GDPR compliance is crucial for several reasons. First, it demonstrates that your business values customer rights, leading to increased loyalty and trust. Second, it ensures compliance with the law, avoiding expensive fines and legal action. Finally, it sets a good example for other businesses in respecting user privacy. Customers want to know that their personal data is secure and that businesses prioritize their privacy.
What Does Personal Data Include Under GDPR?
According to GDPR, "personal data" includes any information that could identify a person. This covers a wide range of items, such as names, email addresses, physical addresses, IP addresses, financial details, images, political affiliations, and more. It's important to interpret the GDPR's definition broadly to ensure compliance.
Important GDPR Updates for Agencies (Updated for 2023)
Since its implementation, GDPR has evolved with new rules and regulations. Here are some important updates for agency owners to be aware of:
1. Cookie Consent: The EU updated its policy on cookie consent in 2020. Cookie walls should not be used, and scrolling or swiping from website content does not indicate implied consent.
2. Joint Controller Definition: The definition of "joint controller" was updated in 2021. When companies manage other companies' social media accounts or display third-party plugins, they often become joint controllers. This means both entities are held accountable if any non-compliance occurs.
3. Facebook Advertisers: GDPR has new rules regarding how Facebook advertisers collect, process, and store user data. Marketers and agency owners can continue using Facebook's ad platform but must obtain explicit consent and inform users how their data will be used.
4. Email Campaigns: User consent must be confirmed before running email campaigns. Sending promotions without explicit, freely given consent could lead to hefty fines.
5. Google Analytics 4: Google Analytics 4 no longer collects Personally Identifiable Information (PII) by default. Compliance requires auditing data, anonymizing personal information, and obtaining explicit consent before implementing the Google Analytics script.
How to Make Your Website GDPR Compliant: Complete Compliance Checklist
1. Data Mapping and Audit: Understand the customer data collection process by mapping and auditing all data points collected, processed, and stored by the website. Identify personal data, sensitive data, data from minors, storage locations, processors, third-party plugins, and data breach mitigation plans.
2. Collect Only Necessary Data: Collect only the data that is needed and serves a legitimate purpose. Excessive data processing increases compliance risk and makes it challenging to use the data effectively.
3. Appoint a Data Protection Officer: If the website collects
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