Personal Data Protection Policy

Last updated January 1, 2020

Introduction

1.1. Justification of the Email Industries Data Protection Policy

The Privacy and Data Protection Policy of Email Industries is to protect the personal data of those various stakeholders connected to the organization and is created per the European Union’s General Data Protection Regulation (GDPR), which applies to all members of the EU and EEA from May 25, 2018, onwards, replacing the EU directive 95/46.

1.2. Definition of Data

In its everyday business operations, Email Industries makes use of a variety of data about identifiable individuals (‘natural persons’), including data about:

• Current, past, and prospective employees & consultants
• Current, past, and prospective customers & associates
• Current, past, and prospective external visitors
• Users of its websites
• Subscribers
• Other relevant stakeholders

In collecting and using this data, the organization is subject to a variety of legislation controlling how such activities may be carried out and the safeguards that must be put in place to protect it.

This policy sets out the relevant legislation and describes the steps Email Industries is taking to ensure compliance.

This control applies to all systems, people, and processes that constitute the organization’s information systems, including board members, directors, employees, suppliers, and other third parties with access to Email Industries' systems.

The following policies and procedures are relevant to this document:

• Data Protection Impact Assessment Process
• Personal Data Mapping Procedure
• Legitimate Interest Assessment Procedure
• Information Security Incident Response Procedure
• Records Retention and Protection Policy

2. Personal Data Protection Policy

a) The General Data Protection Regulation

The General Data Protection Regulation 2016 (GDPR) is one of the most significant legislation affecting how Email Industries processes information. Significant fines are applicable if a breach is deemed to have occurred under the GDPR, which is designed to protect the personal data of European Union citizens. Email Industries' policy is to ensure compliance with the GDPR and other relevant legislation. The information related to this policy should be clear and demonstrable at all times.

b) Definitions

There are 26 definitions listed within the GDPR, and it is not appropriate to reproduce them all here. However, the most fundamental definitions concerning this policy are as follows:

1. ‘Personal data’ is defined as: Any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person;
2. ‘processing’ means: Any operation or set of operations that is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
3. ‘controller’ means: The natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data, where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law;

c) Principles Relating to Processing of Personal Data

There are several fundamental principles upon which the GDPR is based.

These are as follows:

1. Personal data shall be:
   1. processed lawfully, fairly, and in a transparent manner concerning the data subject (‘lawfulness, fairness and transparency);
   2. 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, per Article 89(1), not be considered to be incompatible with the initial purposes (‘purpose limitation’);
   3. adequate, relevant, and limited to what is necessary concerning the purposes for which they are processed (‘data minimization);
   4. accurate and, where necessary, kept up to date; every reasonable step must be taken to ensure that inaccurate personal data, having regard to the purposes for which they are processed, are erased or rectified without delay (‘accuracy’);
   5. kept in a form that 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 per Article 89(1) subject to implementation of the appropriate technical and organizational measures required by this Regulation to safeguard the rights and freedoms of the data subject (‘storage limitation’);
   6. processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and accidental loss, destruction, or damage, using appropriate technical or organizational measures (‘integrity and confidentiality’).
2. The controller shall be responsible for and be able to demonstrate compliance with paragraph 1 (‘accountability’)Email Industries will ensure that it complies with all of these principles mentioned above both in the processing it currently carries out and as part of the introduction of new methods of processing, such as new IT systems.

d. Rights of the Individual

The data subject also has rights under the GDPR. These consist of:

• The right to be informed
• The right of access
• The right to rectification
• The right to erasure
• The right to restrict processing
• The right to data portability
• The right to object
• Rights in relation to automated decision-making and profiling.

Each of these rights is supported by appropriate procedures within Email Industries, which allow the required action to be taken within the timescales stated in the GDPR. 

These timescales are shown in Table 1.

e. Lawfulness of Processing

Six alternative ways exist to establish the lawfulness of a specific case of processing personal data under the GDPR. Email Industries' policy is to identify the appropriate basis for processing and document it per the Regulation. The options are described in brief in the following sections.

i. Consent

Unless it is necessary for a reason allowable in the GDPR, Email Industries will always obtain explicit consent from a data subject to collect and process their data. In the case of children below the age of 16 (a lower age may be allowable in specific EU member states), parental consent will be obtained. Transparent information about our data usage will be provided to data subjects when consent is obtained, and their rights concerning their data will be explained, such as the right to withdraw consent. This information will be provided in an accessible form, written in clear language, and free of charge. If the personal data are not obtained directly from the data subject then this information will be provided to the data subject within a reasonable period after the data are obtained and definitely within one month.

ii. Performance of a Contract

Where the personal data collected and processed are required to fulfill a contract with the data subject, explicit consent is not required. This will often be the case where the contract cannot be completed without the personal data in question, e.g. a delivery cannot be made without an address to deliver to.

iii. Legal Obligation

Explicit consent is not required if personal data must be collected and processed to comply with the law. This may be the case for some data related to employment and taxation, for example, and for many areas addressed by the public sector.

iv. Vital Interests of the Data Subject

If personal data are required to protect the vital interests of the data subject or of another natural person, this may be used as the lawful basis of the processing. Email Industries will retain reasonable, documented evidence that this is the case whenever this reason is used as the lawful basis for processing personal data. For example, this may be used in social care, particularly in the public sector.

v. Task Carried Out in the Public Interest

Where Email Industries needs to perform a task that it believes is in the public interest or as part of an official duty then the data subject’s consent will not be requested. The public interest or official duty assessment will be documented and made available as evidence where required.

vi. Legitimate Interests

If the processing of specific personal data is in Email Industries' legitimate interests and is judged not to significantly affect the rights and freedoms of the data subject, then this may be defined as the lawful reason for the processing. Again, the reasoning behind this view will be documented.

f. Privacy by Design

Email Industries has adopted the principle of privacy by design and will ensure that the definition and planning of all new or significantly changed systems that collect or process personal data will be subject to due consideration of privacy issues, including completing one or more data protection impact assessments. The data protection impact assessment will include:

• Consideration of how personal data will be processed and for what purposes
• Assessment of whether the proposed processing of personal data is both necessary and proportionate to the purpose(s)
• Assessment of the risks to individuals in processing personal data
• What controls are essential to address the identified risks and demonstrate compliance with legislation

The use of techniques such as data minimization and pseudonymization will be considered where applicable and appropriate.

g. Contracts Involving the Processing of Personal Data

Email Industries will ensure that all relationships it enters into that involve the processing of personal data are subject to a documented contract that includes the specific information and terms required by the GDPR. International Transfers of Personal Data

Transfers of personal data outside the European Union will be carefully reviewed before the transfer takes place to ensure that they fall within the limits imposed by the GDPR. This depends partly on the European Commission’s judgment as to the adequacy of the safeguards for personal data applicable in the receiving country, which may change over time.

Intra-group international data transfers will be subject to legally binding agreements referred to as Binding Corporate Rules (BCR), which provide enforceable rights for data subjects.

h. Data Protection Officer

Under the GDPR, a defined role of a Data Protection Officer (DPO) is required if an organization is a public authority, performs large-scale monitoring, or processes particularly sensitive types of data on a large scale. The DPO must have an appropriate level of knowledge and can either be an in-house resource or outsourced to an appropriate service provider.

Based on these criteria, Email Industries does not require a Data Protection Officer to be appointed.

i. Breach Notification

Email Industries's policy is to be fair and proportionate when considering the actions to be taken to inform affected parties regarding personal data breaches. In line with the GDPR, where a breach is known to have occurred, which is likely to result in a risk to the rights and freedoms of individuals, the relevant supervisory authority will be informed within 72 hours. This will be managed per our Information Security Incident Response Procedure, which outlines the overall information security incident handling process.

Under the GDPR, the relevant DPA has the authority to impose fines of up to four percent of annual worldwide turnover or twenty million Euros, whichever is higher, for infringements of the regulations.

j. Addressing Compliance with the GDPR

The following actions are undertaken to ensure that complies at all times with the accountability principle of the GDPR:

• The legal basis for processing personal data is unambiguous
• All staff handling personal data understand their responsibility to follow good data protection practices.
• Training in data protection has been provided to all staff
• Rules regarding consent are followed
• Routes are available to data subjects wishing to exercise their rights regarding personal data, and such inquiries are handled effectively
• Regular reviews of procedures involving personal data are carried out
• Privacy by design is adopted for all new or changed systems and processes

The following documentation of processing activities is recorded:

• Organization name and relevant details
• Purposes of the personal data processing
• Categories of individuals and personal data processed
• Categories of personal data recipients
• Agreements and mechanisms for transfers of personal data to non-EU countries, including details of controls in place
• Personal data retention schedules o Relevant technical and organizational controls in place

These actions are reviewed regularly as part of the management process concerned with data protection. 

For questions or help with this policy please submit a ticket here.