Let's discover together the 5 most common RGPD compliance mistakes and how a CNIL lawyer can help you avoid them.
In an increasingly digitized world, the protection of personal data has become a major issue for all organizations. The General Data Protection Regulation (RGPD) and the directives of the French Data Protection Authority (Commission Nationale de l'Informatique et des Libertés - CNIL) impose strict obligations, non-compliance with which can result in severe penalties.
Yet many companies are still making fundamental mistakes when it comes to compliance. Let's discover the 5 most common mistakes and how a CNIL lawyer can help you avoid them.
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Lack of an up-to-date data processing register
One of the most frequent errors concerns the data processing register, a mandatory document that lists all activities involving personal data within your organization. Too many companies neglect this obligation, or have an incomplete register.
A poorly kept data processing register represents a major risk in the event of a CNIL inspection. Not only is it the first document requested during an inspection, but its absence is already grounds for sanction.
Legal expertise to support your compliance: A lawyer brings considerable added value to the process. He performs a complete audit of your processes and guides you in the creation of a comprehensive, compliant register. The essential elements he helps you document include:
- The precise purposes of each processing operation
- Categories of data collected and data subjects
- Retention periods adapted to each type of data
- Technical and organizational security measures implemented
Inadequate or incomplete privacy policies
Transparency is one of the fundamental principles of the GDPR. Yet many organizations use generic, unclear or incomplete privacy policies that fail to meet this requirement.
These documents must inform data subjects precisely about the collection and use of their data, as well as their rights. A poorly drafted policy can lead to complaints to the CNIL and a loss of confidence on the part of your users or customers.
The added value of legal advice: A CNIL lawyer lawyer transforms this constraint into an opportunity. He develops tailor-made privacy policies that reflect your operational specificities while satisfying regulatory requirements. His expertise guarantees documents that are both legally sound and accessible to your users.
Neglect of appropriate safety measures
Securing personal data is a legal obligation that is often underestimated. Many organizations make do with basic or obsolete measures, neglecting to adapt their level of protection to the sensitivity of the data being processed.
The resulting data breaches can have disastrous consequences: financial penalties, reputational damage, loss of trust from customers and partners. In 2023, the CNIL has particularly tightened its controls and penalties for security breaches.
Strategic support from a legal professional: Faced with these risks, the role of a lawyer becomes crucial. He or she analyzes the nature of the data you are handling, and recommends appropriate security measures. His expertise enables you to :
- Identify vulnerabilities specific to your information system
- Implement a security strategy tailored to your budget and challenges
- Conduct impact assessments (AIPD) for sensitive processing operations
- Develop effective incident detection and management procedures
The absence of a clearly identified legal basis
Every processing of personal data must be based on one of the six legal bases set out in the RGPD: consent, contract, legal obligation, vital interest, public interest mission or legitimate interest. A common mistake is not clearly identifying this legal basis or systematically relying on consent when another basis might be more appropriate.
This confusion can lead to non-compliant practices, such as the collection of invalid consents or the inability to demonstrate the legitimacy of your processing operations in the event of CNIL litigation.
Essential legal clarification: In this complex field, the involvement of a lawyer provides essential legal certainty. His expertise enables him to meticulously examine your various processing operations and identify the most solid legal basis for each one. He or she will work with you to draw up robust documentation to justify your choices in the event of an audit, and guide you in the development of compliant procedures for collecting and managing consent.
Poorly supervised subcontracting
Many organizations use subcontractors (hosting companies, cloud service providers, marketing agencies...) to process personal data without putting in place the necessary legal safeguards. Yet the RGPD requires the signing of specific subcontracting agreements and verification of the compliance measures implemented by these partners.
In the event of a subcontractor's breach of contract, you may be held liable if you have not taken the necessary precautions to manage this relationship.
Securing your digital ecosystem: This issue requires the expert eye of a CNIL compliance lawyer. We can help you secure your digital value chain through :
- Audit your existing relationships with technology providers
- The drafting of subcontracting contracts incorporating all the protective clauses required by the RGPD.
- Setting up an evaluation protocol for your future partners
- Drawing up a document matrix attesting to your diligence in selecting and monitoring your subcontractors.
Why call on a CNIL lawyer to help you achieve compliance?
Faced with the growing complexity of data protection regulations, the support of a CNIL lawyer is a strategic investment. In addition to avoiding sanctions, which can amount to up to 4% of worldwide sales, good compliance represents a real competitive advantage, boosting the confidence of your customers and partners.
A CNIL lawyer provides you with in-depth legal expertise, tailored to your sector of activity and the size of your organization. He or she will propose pragmatic solutions to turn regulatory constraints into opportunities to improve your processes.
To take your compliance process a step further and avoid the pitfalls mentioned in this article, our CNIL compliance law firm is at your disposal. Our experts will support you at every stage of your compliance process, from the initial audit to the management of any disputes with the CNIL, and the implementation of procedures tailored to your specific needs.
