1.1 Background to the General Data Protection Regulation (‘GDPR’)
The General Data Protection Regulation 2016 replaces the EU Data Protection Directive of 1995 and supersedes the laws of individual Member States that were developed in compliance with the Data Protection Directive 95/46/EC. Its purpose is to protect the “rights and freedoms” of natural persons (i.e. living individuals) and to ensure that personal data is not processed without their knowledge, and, wherever possible, that it is processed with their consent.
1.2 Definitions used by the organization (drawn from the GDPR)
Material scope (Article 2) – the GDPR applies to the processing of personal data wholly or partly by automated means (i.e. by computer) and to the processing other than by automated means of personal data (i.e. paper records) that form part of a filing system or are intended to form part of a filing system.
Territorial scope (Article 3) – the GDPR applies to all controllers that are established in the EU (European Union) who process the personal data of data subjects, in the context of that establishment. It also applies to data controllers, located outside of the EU that process personal data in order to offer goods and services, or monitor the behavior of data subjects who are resident in the EU.
1.3 Article 4 definitions
Establishment – the main establishment of the data controller in the EU will be the place in which the controller makes the main decisions as to the purpose and means of its data processing activities. The main establishment of a processor in the EU will be its administrative centre. If a data controller is based outside the EU it will have to appoint a representative in the jurisdiction in which the controller operates to act on behalf of the controller and deal with supervisory authorities.
Personal data – any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
Special categories of personal data – personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade-union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation.
Data controller – the natural or legal person, company, business entity, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data; where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
Data subject – any living individual who is the subject of personal data held by an organization.
Processing – any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Profiling – is any form of automated processing of personal data intended to evaluate certain personal aspects relating to a natural person, or to analyse or predict that person’s performance at work, economic situation, location, health, personal preferences, reliability, or behavior. This definition is linked to the right of the data subject to object to profiling and a right to be informed about the existence of profiling, of measures based on profiling and the envisaged effects of profiling on the individual.
Personal data breach – a breach of security leading to the accidental, or unlawful, destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored or otherwise processed. There is an obligation on the controller to report personal data breaches to the supervisory authority and where the breach is likely to adversely affect the personal data or privacy of the data subject.
Data subject consent – means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data.
Child – the GDPR defines a child as anyone under the age of 16 years old, although this may be lowered to 13 by Member State law. The processing of personal data of a child is only lawful if parental or custodian consent has been obtained. The controller shall make reasonable efforts to verify in such cases that consent is given or authorized by the holder of parental responsibility over the child.
Third party – a natural or legal person, company, business entity, public authority, agency or body other than the data subject, controller, processor and persons who, under the direct authority of the controller or processor, are authorized to process personal data.
Filing system – any structured set of personal data which are accessible according to specific criteria, whether centralized, decentralized or dispersed on a functional or geographical basis.
2. Policy Statement
2.1 GSG Fasteners, LLC., dba Morito Scovill Americas, located at 1802 Scovill Drive, Clarkesville GA 30523 USA is committed to compliance with all relevant laws in respect to personal data, and the protection of the “rights and freedoms” of individuals whose information GSG Fasteners, LLC. may collect and process in accordance with the General Data Protection Regulation (GDPR).
2.2 Compliance with the GDPR is described by this policy and any other relevant policies such as the IT Security Incident Management Policy.
2.3 The GDPR and this policy apply to all of GSG Fasteners, LLC.’s personal data processing functions, including those performed on customers’, clients’,
employees’, suppliers’ and partners’ personal data, and any other personal data the organization processes from any source.
2.4 The IT Manager is assigned to fulfil the role of the GDPR Owner and is responsible for reviewing processes annually in the light of any changes to GSG Fasteners, LLC.’s activities and to any additional requirements identified by any data protection impact assessments.
2.5 This policy applies to all Employees/Staff and interested parties of GSG Fasteners, LLC. such as outsourced suppliers. Any breach of the GDPR or this will be handled within GSG Fasteners, LLC.’s management and disciplinary policies as defined by the Director of Human Resources and if suspected to be a criminal offence, will be reported to the appropriate authorities.
2.6 Partners and any third parties working with or for GSG Fasteners, LLC., and who have or may have access to personal data, will be expected to have read, understood and to comply with this policy. No third party may access personal data held by GSG Fasteners, LLC. without having first entered into a non-disclosure or other approved data confidentiality agreement, which imposes on the third-party obligations to which GSG Fasteners, LLC. is committed, and which gives GSG Fasteners, LLC. the right to audit compliance with the agreement.
3. Responsibilities and Roles under the General Data Protection Regulation
3.1 GSG Fasteners, LLC. is a data controller and/or data processor as defined by the GDPR.
3.2 GSG Fasteners, LLC. Executive and management teams are responsible for developing and encouraging sound information handling practices within GSG Fasteners, LLC.; responsibilities are set out in individual job descriptions.
3.3 The IT Manager as GDPR Owner, is accountable to the Executive Team of GSG Fasteners, LLC. for the management of personal data within GSG Fasteners, LLC. and for ensuring that compliance with data protection legislation and good practice can be demonstrated. This accountability includes:
3.3.1 development and implementation of the GDPR safeguards and practices as required by this policy; and
3.3.2 Security and risk management in relation to compliance with the policy.
3.4 The IT Manager has been designated the GDPR Owner and as such has the authority and responsibility for GSG Fasteners, LLC.’s compliance with this policy for governance.
3.5 All business managers have direct day-to-day responsibility for ensuring that GSG Fasteners, LLC. complies with the GDPR, with respect to data processing that takes place within their areas or departments.
3.6 The IT manager as the GDPR Owner has specific responsibilities in respect of procedures such as the Subject Access Request Procedure (2.2) and is the first point of contact for Employees/Staff seeking clarification on any aspect of data protection compliance.
3.7 Compliance with data protection legislation is the responsibility of all Employees/Staff of GSG Fasteners, LLC. who process personal data.
3.8 Employees/Staff of GSG Fasteners, LLC. are responsible for ensuring that any personal data about them and supplied by them to GSG Fasteners, LLC. is accurate and up-to-date.
4. Data Protection Principles
All processing of personal data must be conducted in accordance with the data protection principles as set out in Article 5 of the GDPR. GSG Fasteners, LLC.’s policies and procedures are designed to ensure compliance with the principles.
4.1 Personal data must be processed lawfully, fairly and transparently
Lawful – identify a lawful basis before you can process personal data. These are often referred to as the “conditions for processing”, for example implicit, freely given consent.
Fairly – for processing to be fair, the data controller must make certain that personal data stored or processed by the data controller is made available to the data subjects. This applies whether the personal data was obtained directly from the data subjects or from other sources.
The GDPR has increased requirements about what information should be available to data subjects, which is covered in the ‘Transparency’ requirement.
Transparently – the GDPR includes rules on giving privacy information to data subjects in Articles 12, 13 and 14. These are detailed and specific, placing an emphasis on making privacy notices understandable and accessible. Information must be communicated to the data subject in an intelligible form using clear and plain language.
GSG Fasteners, LLC.’s Privacy Notice (based on this document)
The specific information that must be provided to the data subject must, as a minimum, include:
4.1.1 the identity and the contact details of the controller and, if any, of the controller’s representative;
4.1.2 the contact details of the IT Manager acting as the GDPR Owner;
4.1.3 the purposes of the processing for which the personal data are intended as well as the legal basis for the processing;
4.1.4 the normal retention period for which the personal data will be stored;
4.1.5 the rights of the data subject to request access, correction, or erasure or to object to the processing, and the conditions relating to exercising these rights, such as whether the lawfulness of previous processing will be affected;
4.1.6 the categories (if defined) of personal data collected and processed;
4.1.7 the recipients or categories of recipients of the personal data, where applicable;
4.1.8 where applicable, that the controller intends to transfer personal data to a recipient in a third country and the level of protection afforded to the data;
4.1.9 any further information necessary to guarantee fair processing.
4.2 Personal data is only be collected for specific, explicit and legitimate purposes Data obtained for specified purposes must not be used for a purpose that differs from those formally notified to the supervisory authority as part of GSG Fasteners, LLC.’s GDPR policy or procedures for processing.
4.3 Personal data must be relevant and limited to only what is necessary for processing
4.3.1 The IT Manager, as GPDR Owner is responsible for ensuring that GSG Fasteners, LLC. does not collect information that is not strictly necessary for the purpose for which it is obtained.
4.3.2 All data collection forms (electronic or paper-based), including data collection requirements in new information systems, must be include a fair processing statement or link to privacy statement and approved by the IT Manager, as GPDR Owner.
4.3.3 The IT Manager, as GPDR Owner will ensure that data collection methods are reviewed to ensure that collected data continues to be adequate, relevant and not excessive
4.4 Personal data must be accurate and kept up to date with every effort to erase or rectify without delay
4.4.1 Data that is stored by the data controller must be updated as necessary. No data should be kept unless it is reasonable to assume that it is accurate.
4.4.2 The IT Manager, as GPDR Owner is responsible for ensuring that staff are provided guidelines detailing the importance of collecting and maintaining accurate data.
4.4.3 It is also the responsibility of the data subject to ensure that data held by GSG Fasteners, LLC. is accurate and up to date. Completion of a registration or application form by a data subject will include a statement that the data contained therein is accurate at the date of submission.
4.4.4 Employees/Staff/customers/others] should be required to notify GSG Fasteners, LLC. of any changes in circumstance to enable personal records to be updated accordingly. It is the responsibility of GSG Fasteners, LLC. to ensure that any notification regarding change of circumstances is recorded and acted upon.
4.4.5 The IT Manager, as GPDR Owner is responsible for ensuring that appropriate procedures and policies are documented to keep personal data accurate and up to date.
4.4.6 The IT Manager, as GPDR Owner is responsible for responding to requests for rectification from data subjects within one month (Subject Access Request Procedure 2.2). This can be extended to a further two months for complex requests. If GSG Fasteners, LLC. decides not to comply with the request, The IT Manager, as GPDR Owner must respond to the data subject to explain its reasoning and inform them of their right to complain to the supervisory authority and seek judicial remedy.
4.4.7 The IT Manager, as GPDR Owner is responsible for making appropriate arrangements that, where third-party organizations may have been passed inaccurate or out-of- date personal data, to inform them that the information is inaccurate and/or out of date and is not to be used to inform decisions about the individuals concerned; and for passing any correction to the personal data to the third party where this is required.
4.5 Personal data must be kept in a form such that the data subject can be identified only as long as is necessary.
4.5.1 Where personal data is retained beyond the processing date, it will be minimized & stored securely in a manner to protect the identity of the data subject in the event of a data breach.
4.5.2 Personal data will be retained based on departmental retention policies determined by legitimate business operations and, once its retention date is passed, it will be securely disposed of.
4.5.3 The IT Manager, as GPDR Owner must specifically approve any data retention that exceeds the defined retention periods and must ensure that the justification is clearly identified and in line with the requirements of the data protection legislation. This approval must be written.
4.6 Personal data must be processed in a manner that ensures the appropriate security of such data taking into account the circumstances of GSG Fasteners, LLC.’s controlling or processing operations.
In determining appropriateness, The IT Manager, as GPDR Owner should also consider the extent of possible damage or loss that might be caused to individuals (e.g. staff or customers) if a security breach occurs, the effect of any security breach on GSG Fasteners, LLC. itself, and any likely reputational damage including the possible loss of customer trust.
When assessing appropriate technical measures, The IT Manager, as GPDR Owner will consider the following:
- Password protection – Laptop & Computer Security Procedure 6.2.1;
- Automatic locking of idle terminals; (6.2.1)
- Removal of access rights for USB and other memory media (9.1.2 & Secure Disposal of Storage Media 11.2.7);
- Virus checking software and firewalls (6.2.1)
- Role-based access rights including those assigned to temporary staff (9.1.2);
- Encryption of devices that leave the organizations premises such as laptops (6.2.1);
- Security of local and wide area networks (6.2.1);
- Identifying appropriate international security standards relevant to GSG Fasteners, LLC.
When assessing appropriate organizational measures The IT Manager, as GPDR Owner should consider the following:
- The job duties and sensitivity of the job role and function;
- The appropriate training levels throughout GSG Fasteners, LLC.;
- Measures that consider the reliability of employees (such as references etc.);
- The inclusion of data protection in employment contracts;
- Identification of disciplinary action measures for data breaches;
- Monitoring of staff for compliance with relevant security standards;
- Physical access controls to electronic and paper based records;
- Adoption of a clear desk policy;
- Storing of paper based data;
- Restricting the use of portable electronic devices;
- Restricting the use of employee’s personal devices being used in the workplace;
- Adopting clear rules about passwords;
- Making regular backups of personal data and storing the media off-site;
- The imposition of contractual obligations on the importing organizations to take appropriate security measures when transferring data outside the EEA.
These controls have been selected on the basis of identified risks to personal data, and the potential for damage or distress to individuals whose data is being processed.
4.7 The controller must be able to demonstrate compliance with the GDPR’s other principles (accountability)
The GDPR includes provisions that promote accountability and governance. These complement the GDPR’s transparency requirements. The accountability principle in Article 5(2) requires you to demonstrate that you comply with the principles and states explicitly that this is your responsibility.
GSG Fasteners, LLC. will demonstrate compliance with the data protection principles by implementing data protection policies, promoting appropriate codes of conduct, implementing technical and organizational measures with data breach notification procedures and incident response plans.
5. Data Subjects’ Rights under GDPR
5.1 Data subjects have the following rights regarding data processing, and the data that is recorded about them:
5.1.1 To make subject access requests (SAR’s) regarding the nature of information held and to whom it has been disclosed.
5.1.2 To prevent processing likely to cause damage or distress.
5.1.3 To prevent processing for purposes of direct marketing.
5.1.4 To be informed about the mechanics of automated decision-taking process that will significantly affect them.
5.1.5 To not have significant decisions that will affect them taken solely by automated process.
5.1.6 To sue for compensation if they suffer damage by any contravention of the GDPR.
5.1.7 To take action to rectify, block, erased, including the right to be forgotten, or destroy inaccurate data.
5.1.8 To request the supervisory authority to assess whether any provision of the GDPR has been contravened.
5.1.9 To have personal data provided to them in a structured, commonly used and machine-readable format, and the right to have that data transmitted to another controller.
5.1.10 To object to any automated profiling that is occurring without consent.
5.2 GSG Fasteners, LLC. ensures that data subjects may exercise these rights:
5.2.1 Data subjects may make data access requests via a Subject Access Request. GSG Fasteners, LLC. will ensure that its response to the data access request complies with the requirements of the GDPR.
5.2.2 Data subjects have the right to complain to GSG Fasteners, LLC.
related to the processing of their personal data, the handling of a request from a data subject and appeals from a data subject on how complaints have been handled.
6.1 GSG Fasteners, LLC. understands ‘consent’ to mean that it has been explicitly and freely given, and a specific, informed and unambiguous indication of the data subject’s wishes that, by statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her. The data subject can withdraw their consent at any time.
6.2 GSG Fasteners, LLC. understands ‘consent’ to mean that the data subject has been fully informed of the intended processing without pressure being exerted upon them. Consent obtained under duress or on the basis of misleading information will not be a valid basis for processing.
6.3 There must be some active communication between the parties to demonstrate active consent. Consent cannot be inferred from non-response to a communication. The Controller must be able to demonstrate that consent was obtained for the processing operation.
6.4 GSG Fasteners, LLC. Does not normally process sensitive data, but where sensitive data is processed, explicit written consent of data subjects must be obtained unless an alternative legitimate basis for processing exists (Sales or Contract fulfilment).
6.5 Where necessary, consent to process personal and sensitive data is obtained by GSG Fasteners, LLC. using standard consent documents.
7. Security of Data
7.1 All Employees/Staff are responsible for ensuring that any personal data that GSG Fasteners, LLC. holds and for which they are responsible, is kept securely and is not under any conditions disclosed to any third party unless that third party has been specifically authorized by GSG Fasteners, LLC. to receive that information and has entered into a confidentiality agreement.
7.2 All personal data should be accessible only to those who need to use it. All personal data should be treated with the highest security and must be kept:
- in a lockable room with controlled access; and/or
- in a locked drawer or filing cabinet; and/or
- if computerized, password protected in line with any IT policy or corporate requirements; and/or
- stored on (removable) computer media which are encrypted in line with acceptable practices for secure disposal of storage media
7.3 Care must be taken to ensure that PC screens and terminals containing sensitive personal data are not visible except to authorized Employees/Staff of GSG Fasteners, LLC.. All Employees/Staff are required to enter into an Individual User Agreement before they are given access to organizational information.
7.4 Manual records containing sensitive data should not be left where they can be accessed by unauthorized personnel and should not be removed from business premises without explicit authorization.
7.5 Personal data may only be deleted or disposed of as ‘confidential waste’. Hard drives of obsolete or redundant PCs are to be removed and destroyed before disposal.
8. Disclosure of Data
8.1 GSG Fasteners, LLC. must ensure that personal data is not disclosed to unauthorized third parties which includes family members, friends, government bodies, and in certain circumstances, the Police. All Employees/Staff should exercise caution when asked to disclose personal data held on another individual to a third party It is important to bear in mind whether or not disclosure of the information is relevant to, and necessary for, the conduct of GSG Fasteners, LLC.’s business.
8.2 All requests to provide data for one of these reasons must be supported by appropriate paperwork and all such disclosures must be specifically authorized by The IT Manager, as GPDR Owner.
9. Retention and Disposal of Data
9.1 GSG Fasteners, LLC. shall not keep personal data in a form that permits identification of data subjects for longer a period than is necessary, in relation to the purpose(s) for which the data was originally collected.
9.2 GSG Fasteners, LLC. may store data for longer periods if the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, subject to the implementation of appropriate technical and organizational measures to safeguard the rights and freedoms of the data subject.
9.3 Personal data must be disposed of securely in accordance with the sixth principle of the GDPR – processed in an appropriate manner to maintain security, thereby protecting the “rights and freedoms” of data subjects. Any disposal of data will be done in accordance with the secure disposal procedure.
10. Data Transfers
10.1 Exports of data from within the European Economic Area (EEA) to non-European Economic Area countries (referred to in the GDPR as ‘third countries’) are unlawful unless there is an appropriate “level of protection for the fundamental rights of the data subjects”.
The transfer of personal data outside of the EEA is prohibited unless one or more of the specified safeguards, or exceptions, apply:
10.1.1 An adequacy decision
The European Commission can and does assess third countries, a territory and/or specific sectors within third countries to assess whether there is an appropriate level of protection for the rights and freedoms of natural persons. In these instances no authorization is required.
Countries that are members of the European Economic Area (EEA) but not of the EU are accepted as having met the conditions for an adequacy decision.
A list of countries that currently satisfy the adequacy requirements of the Commission are published in the Official Journal of the European Union. http://ec.europa.eu/justice/data-protection/international- transfers/adequacy/index_en.htm
10.1.2 Privacy Shield
“membership” to the Privacy Shield on an annual basis. If they do not, they can no longer receive and use personal data from the EU under that framework.
Assessment of adequacy by the data controller
In making an assessment of adequacy, the exporting controller should take account of the following factors:
- the nature of the information being transferred;
- the country or territory of the origin, and final destination, of the information;
- how the information will be used and for how long;
- the laws and practices of the country of the transferee, including relevant codes of practice and international obligations; and
- the security measures that are to be taken as regards the data in the overseas location.
10.1.3 Binding corporate rules
GSG Fasteners, LLC. may adopt approved binding corporate rules for the transfer of data outside the EU. This requires submission to the relevant supervisory authority for approval of the rules that GSG Fasteners, LLC. is seeking to rely upon.
10.1.4 Model contract clauses
GSG Fasteners, LLC. may adopt approved model contract clauses for the transfer of data outside of the EEA.
In the absence of an adequacy decision, Privacy Shield membership, binding corporate rules and/or model contract clauses, a transfer of personal data to a third country or international organization shall only take place on one of the following conditions:
- the data subject has explicitly consented to the proposed transfer, after having been informed of the possible risks of such transfers for the data subject due to the absence of an adequacy decision and appropriate safeguards;
- the transfer is necessary for the performance of a contract between the data subject and the controller or the implementation of pre-contractual measures taken at the data subject’s request;
- the transfer is necessary for the conclusion or performance of a contract concluded in the interest of the data subject between the controller and another natural or legal person;
- the transfer is necessary for important reasons of public interest;
- the transfer is necessary for the establishment, exercise or defence of legal claims; and/or
- the transfer is necessary in order to protect the vital interests of the data subject or of other persons, where the data subject is physically or legally incapable of giving consent.