The General Data Protection Regulation (GDPR) came into effect on 25th May 2018. GDPR is a data protection framework that seeks to provide individuals with greater control over their personal data. GDPR compliance is essential for companies of all sizes, particularly small businesses that process and store customer information through their websites. A website is a key component of an organization’s online presence. Thus, it is critical for small business owners to understand the implications of GDPR on website design and ensure compliance with data protection laws in the UK.
- Privacy Policy: The most critical aspect of GDPR compliance is having a robust privacy policy on your website. Every business that collects or processes personal data must have a privacy notice available for their customers. A privacy policy is a legal document that outlines how an organization collects, processes, and stores customer data. The policy should inform customers about their rights regarding their data. It should also include how the data will be used, with whom it will be shared, and how long it will be retained. Ensure that your privacy policy is easy to find on your website.
- Consent Mechanisms: GDPR emphasizes obtaining explicit consent from customers for all data processing activities. This consent must be freely given, specific, informed and an unambiguous indication of the customer’s wishes. Companies must obtain consent before any data processing is carried out. The consent mechanism can be an opt-in button, a checkbox or a drop-down menu. Your customers must also be able to withdraw their consent easily if they so desire.
- Secure Data Storage: GDPR requires companies to safeguard customer data from unauthorized access, alteration, deletion or transmission. Ensure that you have updated IT systems and infrastructure to store customer data securely. Implement appropriate administrative, physical and technological safeguards to ensure data protection. Regularly test the website security and rectify any vulnerabilities to protect against cyber-attacks.
- Right to Erasure: A customer now has the right to request that their data be erased from a company’s systems. Under GDPR, businesses must respect the ‘right to erasure’ also known as the ‘right to be forgotten.’ Businesses must erase any personal data related to a customer if requested. Ensure that your website has a process that allows a customer to request the deletion of their data. All requests should be fulfilled within 30 days.
- Data Breach Notification: A data breach is any incident in which an organization’s security measures are compromised, and personal data is exposed. GDPR requires companies to report a data breach to the Information Commissioner’s Office (ICO) within 72 hours of being aware of the breach. A company must also inform customers if a data breach has the potential to cause harm to them. Ensure that you have a clear and concise data breach policy in place that outlines the notification process and the steps you will take to mitigate any harm caused.
The GDPR is a complex legal framework but one that every small business owner in the UK should take seriously. Website design is a significant aspect of ensuring compliance. Business owners must ensure they have a comprehensive privacy policy, consent mechanisms, secure data storage, right to erasure, and a data breach policy. The importance of these requirements cannot be overemphasized. By following these guidelines, business owners can significantly reduce the risk of non-compliance and mitigate the potential consequences of a data breach. Protecting data privacy should always be a priority for businesses, and by ensuring you are GDPR compliant, you are doing just that.