Cookie consent is one of the cornerstones of the EU’s GDPR. The Court of Justice of the European Union in the Planet 49 case eliminated active consent (GDPR standard). Consent must be freely given, specific, informed, and unambiguous. Inappropriate pressure or influence affects the outcome of the choice, the consent invalid. In doing so, the legal liabilities can create an imbalance between the controller and the data subject into consideration.
Successive to the judgment, Data Protection authorities of Spain, Germany, and others prosecute actions against websites that do not have a gdpr requirements and cookie consent.
In 2018, GDPR introduced Record of Processing Activities Ropa, an organization required to create and maintain a document that includes –
- the purpose of personal processing data
- who are disclosing the data to
- how long companies the data
Now, as US businesses abide by a growing number of privacy regulations like CCPA, amendment CPRA and maintenance of ROPA is even more important.
What is a Record of Processing Activities (ROPA)?
A Record of Processing Activities (ROPA) is an organization’s data managing activities associated with personal data. While some businesses may think of “processing” limited within active events, ROPA covers data sitting on a server.
A Ropa includes:
- Names and contact details of the controller, data processor, data retention officer, joint controller.
- The legal purpose behind processing personal data.
Categories of data subjects and personal processed data.
- Third parties in domestic and international countries receive personal data.
- Data retention schedule for each category of personal data.
A completed ROPA selection of each processing activity incorporating personal data and provides complex data about each element listed above. While this may sound simple, creating a list of processing activities is complex and time-consuming.
For large organizations, we recommend creating individual ROPAs for different departments or lines of business and then transition into a master enterprise-level record.
How Does ROPA work?
The investigation into data processing activities begins with documentation within your hand: data privacy, IT system documents (in larger organizations), and more. A detailed understanding of how an organization incorporates data requisites sitting down and talking to people in individual lines of business and IT.
For example, you discover a shared drive that did not appear in survey responses following personal data if you’re interviewing a client’s team. IT knew about the shared drive but was unaware it was associated with stored personal data. However, the client reveals during the interview that they were storing the personal data of users.
In that case, the client is a defaulter within the data governance ROPA compliance.
ROPA aims to provide individuals with more control over their data and manage how the data is collected, processed, and used.
Under GDPR and ePrivacy, you must grant consent before you install cookies on your computer.
While GDPR is based in the EU, this new regulation impacts businesses around the world. Therefore, if you sell to or do business with prospects in the EU, this article is what you need to understand how data collection regulation impacts your marketing plans.
The more you understand data processing, the more effectively you can optimize your business goals. For example, developing and storing a ROPA (whether you’re required or not) a single source for responses to essential questions about the personal data in your organization.