Frequently asked questions

We know that you may have some questions or concerns, so we list here a series of answers to the most popular questions.

General aspects

An automated digital method for generating the documents required to be compliant with GDPR. All you have to do is follow a few simple steps, and at the end you will have all the documentation filled in and customized for your business!

You can always send us an email at [email protected] and we will reply as soon as possible.

According to GDPR, controllers must comply with a number of obligations for the protection of personal data. Among other things, controllers have the obligation to draft certain documents (information notices for data subjects, data transfer agreements, etc.) and to implement a series of policies and procedures (data protection policies, data breach procedure, etc.).

StartGDPR contains more than 50 documents needed to ensure your company’s compliance with GDPR (usually as a data controller). In addition to those directly customised and ready to use, we also offer you some documents (filled in with your company’s data) that you can modify in the future depending on each case:

  • information notices for data subjects (job candidates, employees, clients, suppliers, event attendants);
  • online policies (privacy policy, cookies policy);
  • data transfer agreements;
  • internal policies and procedures;
  • documents for managing the requests of the data subjects;
  • record of personal activities;
  • consent form and procedure for marketing activities;
  • CCTV information notice;
  • GDPR compliance guidelines.

We are constantly working to ensure that StartGDPR documents ensure compliance with GDPR. However, buying a set of documents is only a first step in complying with GDPR, since the compliance process involves a practical implementation of the procedures and policies included in the StartGDPR documents and of the principles and rules provided by the GDPR, as well.

We make sure that we constantly review the documents according to the latest practices and interpretations of the European Data Protection Board.

The documents included in the StartGDPR are a consequence of the way we interpret the provisions of GDPR. We do not guarantee that this is the only interpretation of the provisions of GDPR, as the authorities may have different points of view (including the types of documents required and their content), in particular in the context in which GDPR is a new regulation, and there is no consistent practice of the authorities on how to interpret and apply it.

NO!

Generation of StartGDPR documents does not represent and cannot be qualified at any time as legal advice.

In addition, the support offered through the StartGDPR platform does not represent and cannot be qualified as legal advice.

You need a laptop, tablet or PC.

Customising the GDPR documents

The time required to customize the documents depends on the type of business and the complexity of the processing operations. In general, the average time to customize the StartGDPR documents ranges from 10-15 minutes to 2 hours (depending on the number of documents).

NO!

You only need to know the personal data processing activities in your company.

It depends on the type of document. Currently, we do not allow users to add custom clauses into the platform. However, some documents are editable and, once saved locally, you can edit them.

Currently, users cannot upload their own documents to our platform.

Don’t worry, our team is constantly working to make sure the documents are in accordance with the legislation in force. When changes are made, we update all relevant documents and let you know accordingly.

About GDPR

GDPR or General Data Protection Regulation is a European regulation for the protection of personal data.

GDPR is the most comprehensive legislation for the protection of personal data and includes strict rules on how companies should handle personal data.

Controllers and processors established in the European Union, whether or not processing activities take place on the territory of the European Union.

Controllers and processors outside the European Union who process personal data of data subjects who are in the Union.

The six key features of GDPR that are likely to affect your business are:

  • More complex rights of data subjects;
  • Stricter consent requirements;
  • Data protection impact assessments;
  • Data breach notifications;
  • Ensuring data protection by design and by default;
  • Appointment of a Data Protection Officer (DPO).

GDPR provides for fines up to 20 million Euros or 4% of the global turnover (whichever is higher). In addition, you can incur damage, face trade restrictions imposed by partners that are already compliant with GDPR, and also bear the risk of being reported by competitors.

Personal data means any information about an identified or identifiable natural person, such as: first name, last name, nickname, telephone, email, address, age, date of birth, family, physical characteristics, image, voice, job position, studies, names of colleagues, department, date of employment, etc. Therefore, absolutely any information related to an identified or identifiable natural person.

Any activity or operation relating to the personal data: collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.

It is the natural person whose personal data is processed. When using StartGDPR, ‘data subjects’ means: your company’s employees, job candidates, clients, suppliers, online users.

Definitely yes! A data controller is a natural or legal person, public authority, agency or other body that determines the purposes and means of the processing of personal data.

For the personal data that the company processes on its own initiative, it is a data controller. For example, for employee, clients, etc.

Not always! The processor is the natural or legal person, public authority, agency or other body that processes personal data on behalf of the data controller.

Therefore, if the company processes personal data for a third party (that determines the purpose and the means of processing), then for those processing activities the company is a processor.

According to Article 6 of the GDPR, the processing of personal data must be based on one of the following legal grounds:

  • Consent of the data subject;
  • Legitimate interest;
  • Performance of an agreement;
  • Legal obligation;
  • Public interest;
  • Vital interest.

The consent is only one of the 6 legal grounds and we recommend that you use it only if none of the other five legal grounds apply.

Sensitive data refers to special categories of personal data that discloses about a natural person any of the following information:

  • racial or ethnic origin;
  • political opinions;
  • religious or philosophical beliefs;
  • trade union membership;
  • genetic data and biometric data;
  • data concerning health;
  • sex life or sexual orientation.

As a rule, the processing of special data is prohibited. However, the GDPR provides for a few exceptions in which such data may be processed:

Express consent of the data subject

The data subject has given explicit consent to the processing of those personal data for one or more specified purposes, except where Union or Member State law provide that the prohibition may not be lifted by the data subject.

Carrying out obligations in the field of employment and social security and social protection law

Processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law in so far as it is authorised by Union or Member State law or a collective agreement pursuant to Member State law providing for appropriate safeguards for the fundamental rights and the interests of the data subject.

Protecting vital interests

Processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent.

Processing is carried out by a non-profit organization and refers to its members

Processing is carried out in the course of its legitimate activities with appropriate safeguards by a foundation, association or any other not-for-profit body with a political, philosophical, religious or trade union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the personal data are not disclosed outside that body without the consent of the data subjects.

The data were manifestly made public by the data subject

Processing relates to personal data which are manifestly made public by the data subject.

Establishment, exercise or defence of legal claims

Processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity.

Substantial public interest

Processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.

Medical services

Processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on the basis of Union or Member State law or pursuant to contract with a health professional and subject to the following conditions and safeguards.

This exception only applies if the data are processed under the responsibility of a professional subject to the obligation of professional secrecy under Union or Member State law or rules established by national competent bodies or by another person also subject to an obligation of secrecy under Union or Member State law or rules established by national competent bodies.

Public interest in the field of public health

Processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, on the basis of Union or Member State law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy.

Archiving in the public interest

Processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with Article 89(1) of GDPR based on Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.