New guidance on “appropriate measures” under the GDPR

New guidance on “appropriate measures” under the GDPR

The General Data Protection Regulation (GDPR) requires businesses to comply and demonstrate compliance with the principles as set out in the GDPR. Article 5(1) requires that personal data shall be:  

“(a) processed lawfully, fairly and in a transparent manner in relation to individuals (‘lawfulness, fairness and transparency’);

(b) collected for specified, explicit and legitimate purposes and not further processed in a manner that is incompatible with those purposes; further processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes shall not be considered to be incompatible with the initial purposes (‘purpose limitation’);

(c) adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed (‘data minimisation’);

(d) accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);

(e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which the personal data are processed; personal data may be stored for longer periods insofar as the personal data will be processed solely for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes subject to implementation of the appropriate technical and organisational measures required by the GDPR in order to safeguard the rights and freedoms of individuals (‘storage limitation’);

(f) processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures (‘integrity and confidentiality’).”

One question that we often get asked is: what measures will be seen as appropriate for a small business in the context of Article 5(1)(f) above?

The National Cyber Security Centre and the Information Commissioner's Office published a set of technical security outcomes considered to represent "appropriate measures" under Article 5(1)(f) of the GDPR.

Their guidance is aimed at industry, local government and central government departments as well as those involved in their supply chains.

The guidance confirms that what is "appropriate" will depend on the relevant circumstances, the processing being undertaken and the risks associated with it.

The guidance also provides four main aims:

  • Managing security risk;
  • Protecting personal data against cyber-attack;
  • Detecting security events and
  • Minimising impact of data breaches.

Lastly, it describes the steps that should be taken following a personal data breach.

The guidance can be found here.

As always, if you have a legal query please get in touch with the FSB Legal Helpline on 0345 0727727 and we'll be happy to assist you.