Only 2 more weeks to go before the GDPR becomes fully effective. Preparing your company for the application of this new regulation requires a correct understanding of its principles. Each week, we highlight one particular misconception regarding the interpretation of the GDPR.
Will periodic data protection audits be mandatory under the GDPR?
Under Article 32.1.d of the GDPR, data controllers and data processors must implement appropriate technical and organizational measures to ensure a level of security that is appropriate for the risk and, among those measures, they must regularly test and evaluate the effectiveness of the measures adopted for ensuring security of files.
Having said this, the GDPR does not lay down specific procedures or a specific format for those review and evaluation tasks. Consequently, unless binding national regulations set forth otherwise, data controllers and data processors are not required to conduct a specific type of mandatory audit – as defined in national regulations adopted under Directive 95/46. On the contrary, the general rule would be that the data controller or processor has the discretion to define the procedures for review and evaluation, provided that those procedures ensure complete verification and assessment of risks connected with the security of files.
approach will differ if the data controller or processor has voluntarily adhered to a given code of conduct (which could define detailed procedures for testing and reviewing purposes) or if they are bound by national regulations that, being aligned with the GDPR anyway, impose specifically defined (and mandatory) audit procedures.
Stibbe, together with Chiomenti, Cuatrecasas, GIDE and Gleiss Lutz, have gathered this useful information, reflecting some common misconceptions about the implementation of the GDPR.