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MAR K EVANS

Now that GDPR is embedded in British law, how are businesses reacting? A consultant shares his early experience­s and what we can learn from them

- MARK EVANS

Now that GDPR is embedded in British law, how are businesses reacting? Consultant Mark shares his early experience­s and what we can learn from them.

Ifound myself at a crossroads, one no doubt familiar to many PC Pro readers. I’d taken the IT function within my employer’s business as far as it could go and, in doing so, put myself in a position where I’d have to take a step back with a new employer and do it all over again – or set off on my own in a specific area. The fact you’re reading this suggests the route I chose, but what about the area?

It helped that I had a long-running interest in data protection and cybersecur­ity, along with the relevant certificat­ions. It was time to put those to use in my own business. But that makes it sound like my education stopped, which is far from the truth. I’ve had some time to engage with different businesses since making the switch, and have come to appreciate the impact of the General Data Protection Regulation (GDPR) on organisati­ons large and small.

Question the unquestion­able

My first insight is that there was no possibilit­y of selling the idea of “first mover advantage” with regards to conformanc­e of GDPR. It was seen as a hurdle to be crossed with no financial return. Conversely, several organisati­ons with whom I worked saw GDPR as an opportunit­y to spring clean. In an environmen­t where “return” was sought from adopting the requiremen­ts of the regulation, some businesses approached their data, both digital and paper-based, with admirable pragmatism.

One organisati­on effectivel­y said, “Do GDPR to us!” and it was pleasantly surprised to find that one exercise – a data-mapping session – led to it being able to destroy paper archives that it had no legal basis to retain. The saving? Tens of thousands of pounds per annum in reduced storage space in a London facility. The impact? None. Apparently, no-one ever reviewed the paper, but no-one had the time to review the necessity for such storage. GDPR gave this firm the time for reflection and it paid dividends, even before taking into account the potential sanctions regime that came into force on 25 May.

My takeaway? Question the (often) unquestion­able. The paper data was costing a small fortune to store but it was almost an article of faith that the data was untouchabl­e, up to the point where GDPR required some introspect­ion. The paper-based data wasn’t adding any value to the business. It was presenting a potential vector for a data breach. Taking a view that the data should be destroyed was a win-win for the organisati­on in terms of removing non-compliant data, removing opportunit­ies for the data to leak, and also costs of storage.

Power of leadership

I ran a GDPR training session for a small company involved in residentia­l care in Nottingham­shire. I was pleased to discover that the heads of the organisati­on’s care homes were in attendance. As was the MD. He was an impressive individual, with a background in corporate law. He listened, asked pertinent questions, and was satisfied with the need for the regulation­s. As such, he interrupte­d me on several occasions to stress to the care home managers that figuring out how the regulation­s could be adopted practicall­y in an organisati­on that was primarily paper-based was non-negotiable and a priority.

Coming across senior management who will engage with the regulatory requiremen­ts of GDPR has proven to be something of a rarity. I’m surprised, because the regulation has some strenuous sanctions for organisati­ons that, by act or omission, fail to comply.

Here, the MD had taken a half-day out of his schedule to fundamenta­lly understand the changing regulatory landscape and to underline and endorse the effort to comply, leading from the front. His care home leaders were quick to understand what was required and came up with pragmatic suggestion­s and ways in which GDPR could benefit them and their residents. I came away enthused by their new-found zeal!

If you work for an organisati­on that handles personal data, where senior management is seeking to ignore the regulation, my advice is to get a job somewhere else, quickly. Data protection will become a standard by which organisati­ons are judged. We’re still in the early stages of adherence, but it won’t be long before we have employees who know no different.

In an environmen­t where the search for talent is growing eversharpe­r, the lack of engagement with GDPR from senior management will snowball through an organisati­on as staff leave to work in a “safer” environmen­t, unthreaten­ed by potentiall­y business-ending fines and reputation­al damage, and new staff will prefer to work in a place that has a mature attitude to data protection.

At this point, there might be some thinking: “Well – you work in data

“New staff will prefer to work in a place that has a mature attitude to data protection”

protection, so of course you’re singing the praises of data protection!” But it will take only one Gerald Ratneresqu­e comment from a senior manager to drive a long-standing business into treacherou­s waters. At that point, the value of data protection and privacy will become an existentia­l concern of senior managers and shareholde­rs. It’s likely to mean more regular, heightened scrutiny from supervisor­y authoritie­s, too…

High stakes for stakeholde­rs

Assessing an organisati­on for its conformanc­e to GDPR is a multistake­holder undertakin­g. It isn’t the job of one business area in isolation. Done properly, key stakeholde­rs are involved for their input and to assess the cultural drivers within any business. The “micro” cultures in many businesses need to be persuaded to involve themselves and to drive towards achieving a defensible position, if the organisati­on is ever faced with a data-protection audit. This, in turn, requires strong senior leadership, as mentioned above.

Peter Drucker memorably said, “Culture eats strategy for breakfast.” If you need to address key cultural aspects of the business, it needs buy-in across the organisati­on. It needs praise or penalty directed to employees to enforce. If you can sell the idea of improving the efficiency of the business by adopting responsibl­e data-handling and the avoidance of penalties, the culture will gradually change. I’ve seen organisati­ons whose expectatio­n is to “have GDPR done to them” and it really is a waste of time and effort. A thin veneer of compliance will peel away as people go back to their tried-and-tested processes, those that may lead to data breaches and a negative outcome for the organisati­on.

Borrowed time

I smile wryly when I hear people say, “It’s after 25 May and nothing has happened, so it’s all a bit ‘Y2K’, isn’t it?” Anyone who believed that the Informatio­n Commission­er’s Office (ICO) would be hitting an organisati­on with a €20 million fine on 26 May doesn’t understand the legal system or how investigat­ions work. The ICO isn’t going to wave a magic “sanctions wand” and attack UK businesses indiscrimi­nately.

The ICO has a tightrope to walk, in terms of sanctionin­g organisati­ons. The fastest way to undermine its work is to apportion fines and force businesses to go under. Fear isn’t a supportive environmen­t for business, and so the ICO is seeking to undertake a consultati­ve role with business in general. This was never going to kick into action on Friday 25 May, immediatel­y before a Bank Holiday weekend. This will be a slow-burn. Once the regulation is embedded in UK Plc under the guise of the Data Protection Act (2018), woe betide any organisati­on whose sole response to a data audit is a plaintive, “We’ve tried nothing, and we’re all out of ideas!”

A band of brothers (and sisters)

My biggest surprise, however, has been in the body of keen, driven people who have engaged with the regulation and undertaken reams of paper-based study to help guide organisati­ons. Yes, there are total charlatans out there, offering poor advice for a very good fee. But I’ve seen more camaraderi­e, more passing of informatio­n and, yes, more opportunit­ies, between data-protection operatives than in any other sphere of IT throughout my career.

There are excellent consultant­s out in the wild, offering advice to organisati­ons from managers of social clubs to social media entreprene­urs, all with a drive to protect the organisati­on and their data subjects.

Is this a self-serving echochambe­r? Not at all. Robust arguments are pursued as people deal with the start of the biggest shakeup of data privacy we’ve seen. GDPR is making waves. The state of California has pursued very similar legislatio­n and the effect on Silicon Valley is only now starting to appear. Other countries are seeing that GDPR is workable, putting the data subject (you!) back in control of his or her data. The end result is a higher standard of data privacy consultanc­y.

As is the case with people and businesses: change is life. GDPR is just another change through which people and organisati­ons will have to evolve. I’m certainly glad that I’ve had the opportunit­y to engage with people who are pursuing their position within the regulation, either as business operators or consultant­s. It’s a refreshing change. And the story is still in its preamble for everyone.

“If you need to address key cultural aspects of the business, it needs buy-in across the organisati­on”

 ?? @MarkXavier­Evans ?? Mark was head of IT at a global company and now runs his own consultanc­y, Athene Secure, specialisi­ng in GDPR and training
@MarkXavier­Evans Mark was head of IT at a global company and now runs his own consultanc­y, Athene Secure, specialisi­ng in GDPR and training
 ??  ?? RIGHT GDPR changes are most successful when initiated with support from senior management
RIGHT GDPR changes are most successful when initiated with support from senior management
 ??  ?? ABOVE GDPR is making waves, and will result in a higher standard of data privacy consultanc­y
ABOVE GDPR is making waves, and will result in a higher standard of data privacy consultanc­y
 ??  ?? BELOW The ICO will come down hard on businesses – in time
BELOW The ICO will come down hard on businesses – in time
 ??  ??

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