Do I need to encrypt data for GDPR?
The GDPR requires organizations to incorporate encryption in order to protect consumers’ data and to mitigate the risks associated with data transfers (such as data sprawl or cyberattacks).
Is encrypted data still personal data?
So far, no court decided whether encrypted data is personal or not. The GDPR is clearly in favor of encryption, as a measure for protecting personal data. An organization with a strong encryption in place, for example, does not have to inform the data subjects in case of a data breach.
What personal data should be encrypted?
In broad terms, there are two types of data you should encrypt: personally identifiable information and confidential business intellectual property.
- Personally Identifiable Information (PII)
- Confidential Business & Intellectual Property.
Do you have to use encryption to comply with GDPR?
Similar to the HIPAA security rule in the U.S., GDPR doesn’t require encryption as such, but you’d better have a good reason for not using it. The EU national supervisory authorities are the judges of compliance with GDPR, and encryption is an obvious reliable way to convince them that you are compliant.
How does the GDPR apply to personal data?
The GDPR generally follows a binary approach to data in that it’s either personal or it’s not. If data is considered to be personal data, the full weight of the GDPR’s regulatory regime applies to any entity processing that information.
Is it possible to encrypt data that is not personal?
Any personal data that was encrypted with those technologies vetted by the EDPB would be considered “not personal” for any parties who did not have the encryption key. While this is one possible solution, there are certainly others that could be explored. However, one thing is certain.
Are there fines for not complying with GDPR?
Fines are expected to be steep for non-compliance based on the terms set forth in Articles 23 and 30 outlining general practices to protect client data, handle erasure and client access to the data. Beyond, GDPR it is also prudent to protect your client data to build trust with your client base.