GDPR: Why is it essential to bring your business into compliance with the General Data Protection Regulation?

Since May 25, 2018, it has become essential for your business to comply with the General Data Protection Regulation (GDPR). This regulation aims to regulate data protection within the European Union and applies to all businesses, whether private or public, regardless of their size, including sole proprietorships, as long as they collect personal data from European citizens.

The main objective of the GDPR is to harmonize the protection of personal data within the European Union by establishing a common legal framework while making companies accountable.
According to this regulation, personal data refers to "any information relating to an identified or identifiable natural person." This may include your customer's name, postal address, bank details, gender, email address, age, purchasing behavior, and more. 

In other words, this definition encompasses all personal information that your business may collect from its customers.
It is important to consider so-called "sensitive" data, which reveals information about ethnic origin, religious beliefs, health problems, political opinions, trade union membership, etc. In principle, it is prohibited to collect and use this data unless the person concerned consents in writing and you have a legitimate reason to do so.

While it is beneficial for a business to collect data on its customers in order to identify its target audience, analyze their behavior, and adapt its marketing strategy accordingly, it is essential to strictly comply with the obligations imposed by the GDPR.

In France, the French Data Protection Authority (CNIL) is responsible for ensuring companies comply with the GDPR. The penalties it can impose are highly dissuasive, reaching up to €20 million or €41 million of turnover. It can also force you to comply with the GDPR by imposing a daily penalty payment of up to €100,000 per day.

It is therefore crucial to anticipate and benefit from the support of a lawyer specializing in corporate law in order to avoid any dispute with the CNIL, the financial consequences of which could be catastrophic for your company.

The main steps to comply with the GDPR and optimize your website

Complying with the General Data Protection Regulation (GDPR) is crucial for your business, and it's also important to optimize your site for SEO. Discover the key steps to achieve these goals while improving your online visibility.

   • Data mapping: Start by identifying all the personal data your company collects and processes, documenting it in a processing register. This mapping will give you an overview of how data is managed within your company.
In this register, specify the nature of the data collected, the persons concerned, the recipients of the data, the retention period, the security measures implemented, any sensitive data, and the purpose of their use.
It is essential to sort through the data collected and keep only that which is truly necessary for your business. Also ensure that the purpose of the collection is legitimate and explicit, in compliance with GDPR rules.

   • User information: Inform your users, including your customers, economic partners and employees, that their personal data will be collected, and obtain their consent. This consent must be free, specific, informed and unequivocal.
Make sure users clearly understand how their data will be processed, and give them the opportunity to opt in or out of the collection. They must also be able to exercise their rights, such as the right to access, modify, delete, and port their data.

   • Internal organization of the company: Ensure you have a solid internal organization to comply with the GDPR. Train your employees on GDPR obligations and data protection to avoid harmful leaks.
Check your company's internal compliance by checking, for example, whether your employees' and subcontractors' contracts include data protection clauses. Assess the need to conduct an impact assessment and ensure you have effective IT security measures in place.
In some cases, the appointment of a Data Protection Officer (DPO) is mandatory, particularly when sensitive data is processed. It is recommended that you appoint a specialist such as a data protection lawyer to assume this responsibility.

How to make your website GDPR compliant?

To make your website GDPR compliant, you must implement the mandatory documents and comply with the rules regarding the use of cookies.

   • Privacy Policy: Your privacy policy must detail all mandatory information required by the GDPR, such as the identity of the data controller, the purpose of the processing, the legal basis, the type of data collected, the retention period, the rights of the data subjects and the recipients of the data.
It is recommended that you seek assistance from a specialist lawyer to draft this document accurately and in compliance with the GDPR.
   • Legal notices: Legal notices have been mandatory on all websites since 2004. They allow users to clearly identify the individuals and legal entities responsible for the site. Make sure to include all mandatory information such as the company name, SIREN number, contact details, the name of the person responsible for editing the site, the host, etc.
The legal notices and privacy policy should be easily accessible on your site, preferably in the footer or at the bottom of the page.

   • Terms and Conditions: Update your terms and conditions to include a privacy clause. Mention data collection and user consent. You can include a link to your privacy policy for more details.
The general conditions of sale are also necessary to govern the commercial relationship with your customers and meet pre-contractual information obligations.

   • Cookie management: Inform users of the presence of cookies on your site and obtain their consent via an information banner. Make sure you comply with the new CNIL guidelines since April 2021.
It is recommended to use a Consent Management Platform (CMP) to collect consent in accordance with CNIL rules. A specialized lawyer can help you draft your cookie management policy and validate the compliance of your information banner.

Why get support?

Mastering GDPR compliance is essential to avoid financial penalties from the CNIL. It's also a marketing approach aimed at building trust with your customers and enhancing your brand image. It demonstrates your transparency regarding data protection.
To ensure your compliance with the GDPR and implement best practices within your company, it is recommended that you be supported by an automated platform specializing in auditing, management and monitoring compliance.

Our team of specialists will guide you through the key stages of GDPR, ensuring you remain compliant throughout the life of your business.