Idera GDPR Compliance Commitment
Idera, Inc. and its affiliated companies (a comprehensive list of Idera corporate group companies is available at https://www.ideracorp.com/brands collectively the “Company”) is committed to complying with the General Data Protection Regulation (“GDPR”), which went into effect on May 25, 2018. The GDPR regulation contains the most significant changes to European data privacy legislation in the last 20 years. It is designed to give European Union (“EU”) citizens more control over their data and seeks to unify a number of existing privacy and security laws under one comprehensive law. The GDPR applies to all companies that do business with EU citizens or process data of EU citizens regardless of the location of the company that is processing such data.
Our customers can trust that the Company has made GDPR a priority and has devoted significant and strategic resources toward our efforts to comply with GDPR. The Company appreciates that its customers have requirements under the GDPR, which are directly impacted by their use of the Company’s products and services, and the Company is committed to helping its customers fulfill their requirements under the GDPR and local law.
The Company will keep you inform through its website about its compliance with the GDPR requirements; however, should you have any questions or concerns, please do not hesitate to contact our legal department at [email protected].
Frequently Asked Questions about GDPR Compliance 1
Idera, Inc., and its affiliated companies (a comprehensive list of Idera corporate group companies is available at www.ideracorp.com/brands, collectively the “Company”) prepare this document to help you clarify some common confusions around the General Data Protection Regulation (“GDPR”). The Company recognizes the importance of the evolving legal and regulatory landscape around information security and data privacy and remains firmly committed to GDPR readiness.
No. The GDPR does not contain any obligation to store information in Europe. However, transfers of European personal data outside the European Economic Area (EEA) generally require that a valid transfer mechanism be in place to protect the data once it leaves the EEA. The GDPR does not invalidate or override the EU Model Clauses or the EU-U.S. and Swiss-U.S. Privacy Shield Framework, which are both legally valid mechanisms to ensure the legal transfer of personal data into and out of the EEA.
Yes. The GDPR applies to all companies regardless of where it is located to the extent the company process personal data in the context of (A) offering goods and services (whether paid or not) to people in the EEA; or (B) monitoring the behavior of people in the EEA, for example by placing cookies on the devices of EEA individuals.
Consent is only one of the legal bases a company can use for the processing of personal data. For example, the company can process personal data (A) when necessary for the performance of a contract to which the data subject (the individual whose data is processed) is a party; (B) when there is a legal obligation to do so (such as the submission of employee data to a tax authority); and (C) sometimes even on the basis of legitimate interests, such as commercial and marketing goals. The legitimate interest must, however, outweigh any detriment to the privacy of the data subject.
Data Controller is the owner of their information and decides how that information should be used. Data Processor is an entity who processes the personal data of the Data Controller and carries out instructions of the Data Controller with regard to this data. Generally speaking, when the Company collects data from a customer in order to create an account, the Company will be the Data Controller. Formal definitions from the GDPR full text may be found at https://ico.org.uk/media/for-organisations/documents/1546/data-controllers-and-data-processors-dp-guidance.pdf
No. The right to erasure (or right to be forgotten) is not absolute. The Company may refuse to honor the request if continued processing is necessary for compliance with a legal obligation which requires processing by Union or Member State law to which the Company is subject. In addition, the Company can refuse to honor the request for the establishment, exercise or defense of legal claims. Therefore, several relevant factors have to be taken into account when considering a request for deletion of personal data by the data subject. Note, however, that data subjects have an absolute right to prevent their personal data from being processed for direct marketing purposes.
No. The GDPR does not mandate specific security measures. Instead, the GDPR requires organizations to take technical and organizational security measures which are appropriate to the risks presented. Encryption at rest and pseudonymization may be appropriate depending on the circumstances, but they are not mandated by the GDPR in every instance. The following are kinds of security actions considered “appropriate to the risk” (1) the pseudonymization and encryption of personal data (as mentioned); (2) the ability to ensure the ongoing confidentiality, integrity, availability and resilience of processing systems and services; (3) the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident; and (4) a process for regularly testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing.
