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Steering Through the Current and Upcoming Data Protection and Cybersecurity Regulations

A Roadmap for Compliance


In an era where data breaches make headlines, and cybersecurity threats loom large, navigating the intricate web of data protection and cybersecurity regulations is paramount for businesses of all sizes.


As your trusted risk management security consultancy, we offer a distilled guide on complying with existing regulations and preparing for proposed ones. Below, we separate personal data focused regulations from broader cybersecurity mandates to clarify compliance obligations and actions, at present and yet to come.



Navigating the complex terrain of data protection and cybersecurity regulations is a critical task for modern businesses. To demystify this landscape, our consultancy has crafted an easy guide that outlines the essential compliance mandates under current regulations, such as the EU GDPR and the UK DPA 2018, focusing specifically on personal data protection. Additionally, we delve into broader cybersecurity requirements under the UK Cyber Security Act 2018.


Moving beyond the present, we also prepare you for impending legislation, including the proposed UK DPDI Bill, EU DGA, EU AI Act, and EU Cybersecurity Act, detailing their projected impacts and advising on preparatory measures.


This will assist businesses to understand their obligations, take actionable steps to ensure compliance, and anticipate the changes that proposed regulations will bring, ultimately ensuring a future-proofed, compliant operation.



 

#1: Published Regulations focussed on Personal Data

This table lists current regulations relating to personal data

Regulation
Comply by
Scope
Objectives
Key Points
Who to Comply
How to Comply

EU GDPR

May 25, 2018

Personal data of individuals in the EU

Standardise data protection laws across the EU, protecting individuals' privacy and ensuring the free flow of personal data.

- Introduces six lawful grounds for processing personal data. - Grants individuals extensive rights over their data (e.g., access, rectification, erasure). - Mandates data security measures and breach notification.

Any organisation processing the personal data of EU residents, regardless of location.

Implement data protection policies and procedures, conduct data protection impact assessments, appoint a data protection officer (if necessary), train staff on data protection compliance.

UK DPA 2018

May 25, 2018

Personal data of individuals in the UK

Implement the GDPR into UK law and introduce additional provisions tailored for the UK.

- Largely mirrors the GDPR but adds details on national security, law enforcement, and public interest exemptions. - Strengthens enforcement powers of the Information Commissioner.

Any organisation that processes the personal data of UK residents, regardless of location.

Same as GDPR compliance steps, in addition to adhering to UK-specific provisions.


Who It Affects:

Any business that processes the personal data of EU or UK residents, whether based in the EU/UK or not.


Steps for Compliance:

  1. Conduct Data Audits: Understand where and how personal data is processed.

  2. Update Policies: Ensure data protection policies meet GDPR and UK DPA standards.

  3. Appoint a DPO: If processing large amounts of data, a DPO may be necessary.

  4. Employee Training: Staff should be aware of data protection principles.

  5. Regular Reviews: Continually monitor compliance and update when necessary.


Penalties for Non-Compliance:

GDPR breaches can incur fines of up to €20 million or 4% of annual global turnover.

UK DPA 2018 has similar penalties.


Benefits of Compliance:

Enhances customer trust, mitigates data breach risks, and can provide a competitive edge.


#2: Published Regulations focussed on Cyber Security

This table lists current regulations relating to Cyber Security

Regulation
Comply by
Scope
Objectives
Key Points
Who to Comply
How to Comply

UK Cyber Security Act 2018

October 1, 2018

Information systems of designated critical national infrastructure operators

Improve UK's cyber security and resilience, empower government to address cyber threats.

- Introduces regulatory powers for designated critical national infrastructure operators. - Mandates reporting of cyber security incidents. - Establishes National Cyber Security Centre (NCSC) and provides for cyber security exercises.

Operators of designated critical national infrastructure in sectors like energy, transport, communications, and finance.

Implement cyber security measures as specified by the NCSC, report cyber security incidents, participate in cyber security exercises.


Who It Affects:

Operators of designated critical national infrastructure within the UK.


Actionable Steps for Compliance:

  1. Implement Security Measures: Follow NCSC guidance to secure critical systems.

  2. Incident Reporting Protocols: Establish processes for timely reporting of cyber incidents.

  3. Engage in Security Exercises: Test your resilience through regular exercises.


Penalties for Non-Compliance:

Substantial fines and potential operational disruption.


Benefits of Compliance:

Protects national infrastructure, minimizes disruption, and supports national security.



#3: Upcoming Regulations focussed on Personal as well as Broader Data, and Cyber Security

This table lists proposed upcoming regulations relating to Data Protection and Cyber Security


Regulation
Comply by
Scope
Objectives
Key Points
Who to Comply
How to Comply

UK Data Protection and Digital Information (DPDI) Bill (proposed)

Phased implementation, starting early 2024

Personal data of individuals in the UK and personal data outside the UK processed by UK organisations.

Reform UK data protection laws post-Brexit, aligning with GDPR but introducing additional provisions.

- Creates a new data protection regime tailored for the UK. - Strengthens enforcement powers and data subject rights. - Introduces provisions for cross-border data flows and AI governance.

Any organisation that processes the personal data of UK residents, regardless of location, as well as any organisation using AI systems.

Similar to DPA 2018 and GDPR compliance steps, in addition to adhering to UK-specific provisions on cross-border data flows and AI governance.

EU Data Governance Act (DGA) (proposed)

September 25, 2025 (for core provisions)

Non-personal data and personal data covered by specific sectoral rules

Establish common EU framework for data sharing and access, promoting data altruism and data economy.

- Creates data marketplaces and data altruism frameworks. - Regulates data intermediaries and cloud service providers. - Aims to foster data availability and reuse for research and innovation.

Data holders operating in the EU or offering services to EU residents, data intermediaries, cloud service providers.

Implement data governance policies and procedures, comply with data sharing and access obligations, ensure data quality and security.

EU AI Act (proposed)

Under discussion, likely implementation timeline 2024-2026

AI systems placed on the market or used in the EU

Address risks associated with AI systems, ensure their safety, fairness, and transparency

- Introduces risk classification based on potential harm. - Requires certain high-risk AI systems to undergo conformity assessments. - Prohibits certain high-risk practices like mass surveillance or social scoring.

Developers and users of high-risk AI systems, notified bodies for conformity assessments.

Conduct risk assessments, implement safety and fairness measures, comply with transparency requirements, obtain conformity assessments for high-risk systems.

EU Cybersecurity Act (proposed)

Phased implementation, starting likely in 2024-2025

Cybersecurity practices for EU institutions and agencies

Harmonise cybersecurity across EU institutions and agencies, address risk governance, incident response, and threat intelligence sharing.

- Establishes a common cybersecurity culture, risk management framework, and incident response procedures. - Enhances EU Agency for Cybersecurity (ENISA) with resources and mandates. - Promotes cyber threat intelligence sharing and incident reporting.

All EU institutions and agencies, including executive agencies, legislative bodies, and advisory bodies.

- Implement ENISA cybersecurity standards and guidelines. - Conduct regular cybersecurity risk assessments and vulnerability testing. - Develop and implement cybersecurity incident response plans. - Share cyber threat intelligence with ENISA and other EU institutions. - Report cyber security incidents to ENISA.


Steps to Prepare:


  1. Stay Updated: Continuously monitor the development of proposed regulations.

  2. Strategic Planning: Start building a roadmap for compliance with the help of experts.

  3. Gap Analysis: Conduct an analysis to identify gaps between current practices and the requirements of the proposed regulations. This will highlight areas that need attention.

  4. Risk Assessments: For regulations like the proposed EU AI Act, conduct comprehensive risk assessments, particularly for AI systems, to identify potential harm and necessary safety measures.

  5. Data Management Frameworks: Establish robust data governance and management frameworks, with particular focus on data sharing, quality, and security to align with the EU DGA's focus.

  6. Cybersecurity Enhancements: Proactively improve your cybersecurity posture in anticipation of the EU Cybersecurity Act.

  7. Technical Upgrades: Review and upgrade IT infrastructure to meet the technical demands of new regulations, such as enhanced security measures for critical data processing.

  8. Training and Awareness: Develop training programs to raise awareness about the proposed regulations among employees and management.

  9. Legal and Compliance Teams: Strengthen your legal and compliance teams by ensuring they have the resources to address the complexities of the new regulations.

  10. Consultation with Stakeholders: Engage with stakeholders, including data subjects, employees, and partners, to understand their perspectives and ensure alignment with regulatory expectations.


Remember Documentation: Maintain thorough documentation of processes, assessments, and compliance efforts. This is crucial for demonstrating compliance to regulators.


By taking these steps, businesses can not only minimise the risk of non-compliance but also position themselves as leaders in data protection and cybersecurity.


The Consultancy Advantage:


As your consultancy partner, we bring expertise in risk assessment, policy formulation, and compliance strategy to ensure you're not just compliant but leading in best practices. Our tailored solutions help mitigate risks, reduce the cost of compliance, and avoid the pitfalls of non-compliance.


Remember, proactive compliance is not a cost but an investment in the sustainability and growth of your business. For a more information, please contact our expert team.

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