General Data Protection Regulation (GDPR) - Gap Analysis
Any
New Regulation Requirement
1. Data Protection Principles
The Data Protection Act principles
are revised down to 6 but are
broadly similar to the current
principles:
• fairness, lawfulness and
transparency
• purpose limitation;
• data minimisation
• data quality
• security
• integrity and confidentiality
A new accountability principle
makes Data Controllers
responsible for demonstrating
compliance with the Data
Protection principles.
Team/Dept/
Significant What Work is Required Owner
System
Changes?
1. Review current Data Protection policies,
codes of conduct and training to ensure
these are consistent with the revised
principles.
2. Undertake an information audit to
understand what data is held, where it is
held, in what format it is held, where it is
obtained from, basis for holding it
(consent/legal basis).
3. Identify means to “demonstrate
No
compliance” i.e. How we are meeting the
requirements, following codes of conduct
as they are issued, paper trails of decisions
relating to data processing and, where
appropriate, privacy impact assessments.
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 Any
Team/Dept/
New Regulation Requirement Significant What Work is Required Owner
System
Changes?
2. Lawfulness of 1. Ensure we are clear about the grounds for
Processing/Further lawful processing: check these will still be
Processing applicable under the GDPR.
The grounds for processing
personal data under the GDPR are 2. Review information sharing agreements
broadly the same as now. for any that rely on legitimate interests
and amend, to show either proper
However, there are new limitations legislative basis or consent.
Yes
on the use of consent and the
Consent is more
processing of children’s data (see 3. Where relying on consent, ensure quality
restrictive.
sections 3 and 4 below). of consent meets new
6(1)(f ) Necessary
There are specific restrictions on the requirements i.e. clear, unambiguous,
for the purposes of
ability to rely on “legitimate interests” and properly recorded.
legitimate interests
as a basis for processing and some
This ground can
clarification 4. Consider whether new rules on
no longer be relied
as to when this may be used. children’s data are likely to affect us
on by public (more under point 4)
There is a non-exhaustive list of authorities
factors to be considered when processing 5. Ensure that internal governance processes
determining whether the processing personal data in will enable the Trust to demonstrate how
of data for a new purpose is the exercise of decisions to use data for further processing
incompatible with the purposes for their functions.
purposes have been reached, and that all
which the data was initially collected. relevant factors have been considered.

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 Any
Team/Dept/
New Regulation Requirement Significant What Work is Required Owner
System
Changes?
Yes Complete review of the consent process.
Need to be sure where we are relying on
Article 4(8) new consent as the basis for lawful processing,
GDPR defines “the that:
data subject’s
consent” as “any • consent is active, and does not rely
freely given, on silence, inactivity or pre-ticked
specific, informed boxes;
3. Consent and unambiguous • consent to processing is
indication of his or distinguishable, clear, and is not
Consent is subject to additional her wishes by which “bundled” with other written
conditions under the new GDPR. the data subject, agreements or declarations;
either by a
• There is an effective prohibition on statement or by a • supply of services cannot be made
consents and the offering of clear affirmative contingent on consent to processing
services which are contingent on action, which which is not necessary for the service
consent to processing. signifies agreement being supplied;
to personal data
• Consent must also now be relating to them • data subjects are informed that they
separable from other written being processed”. have the right to withdraw consent at
agreements, clearly presented any time, but that this will not affect the
and as easily revoked as given. Recital 25 suggests lawfulness of processing based on
that this may be consent before its withdrawal;
signified by: “ticking
• there are simple methods for
a box when
withdrawing consent, including
visiting a…
methods using the same medium
website, choosing
used to obtain consent in the first
technical
place;
settings… or by
any other
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statement or
conduct which
clearly
indicates… the
data
subject’s
acceptance of the
proposed
processing of their

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personal data. Silence, • separate consents are obtained for
pre-ticked boxes or distinct processing operations; and
inactivity should
therefore not constitute • the organisation does not rely on
consent.” consent where there is a clear
imbalance between the data subject
Explicit consent is still and the controller (especially if the
required to justify the controller is a public authority).
processing of
sensitive/special Need to look at how consent is captured
categories of personal and stored. How can users withdraw
data, unless other consent and for this to be actioned within
legislative conditions systems
(including provision of
care where consent is
implied/life or death etc)
apply.

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New Regulation Requirement
4. Children
There are a handful of child-
specific provisions in the new
GDPR, particularly in relation to
grounds for processing and
notices.
Children are identified as
“vulnerable individuals” and
deserving of “specific protection”.
The GDPR does not prescribe
the age at which a person is
considered to be a child.
Where online services are
provided to a child and consent is
relied on as the basis for the
lawful processing of his or her
data, consent must be given or
authorised by a person with
parental responsibility for the
child. This requirement applies to
children under the age of 16
(unless the Member State has
made provision for a lower age
limit - which may be no lower
than 13).
Any
Team/Dept/
Significant What Work is Required Owner
System
Changes?
The current Act does 1. This is likely only to affect us if we are
not contain any specific offering what the new act describes as
restrictions on “information society services directly to
processing children’s children”. I would read this as social
data, and rules on media type services, although this
children’s ability to definition could be expanded.
consent have been
drawn from national 2. We will just need to assess which
laws. national rules will apply in terms of age
and ensure that appropriate parental
The major provision in consent mechanisms are implemented,
relation to children is including verification processes.
Article 8, which requires
parental consent to be 3. Keep a watching brief of national
obtained for information legislation for offline data processing
society services offered relating to children’s data.
directly to a child under
the age of 16 – 4. Where services are offered directly to a
although this ceiling can child, ensure notices are drafted clearly
be set as low as 13 by a with a child’s understanding in mind.
Member State, and only
applies where the
processing would be
based on the child’s
consent.
The controller is also
required, under Article
8(1a) GDPR,
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to make “reasonable
efforts” to verify that
consent has been given
or authorised by the
holder of parental
responsibility in light of
available technology.
This only affects certain
online data – offline
data will continue to
remain subject to usual
Member State rules on
capacity to consent.

Article 8(1) is also not to

be considered as
affecting the general
contract law of Member
States regarding the
validity, formation or
effect of a contract with
a child.

Organisations will still

need to consider local
laws in this area

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New Regulation Requirement
5. Sensitive Data and Lawful
Processing
“Special categories of personal
data” now expressly include
“genetic data” and “biometric
data” where processed “to
uniquely identify a person”.
The grounds for processing
sensitive data under the GDPR
broadly replicate those under the
current Act, although there are
wider grounds in the area of
health and healthcare
management.
There is also a broad ability for
Member States to adduce new
conditions (including limitations)
regarding the processing of
genetic, biometric or health data.
Any
Team/Dept/
Significant What Work is Required Owner
System
Changes?
Genetic data (new); and
biometric data where 1. Ensure we have clarity about the
processed to uniquely grounds relied on when processing
identify a person (new). sensitive/special categories of data,
and check these grounds will still be
Interestingly, data applicable (possibly drawn out through
relating to criminal Info Audit).
convictions and
offences are not 2. Where relying on consent, ensure the
categorised as quality of consent meets new
“sensitive” for the requirements in relation to the
purposes of GDPR. collection of consent (see section 3
The rules under the above)
GDPR in relation to
data concerning 3. Consider whether rules on children are
criminal convictions and likely to affect us, (see section 4
offences provides that above).
such data may be
processed only under 4. If we process substantial amounts of
the control of official genetic, biometric or health data,
authority or where the ensure we keep up-to-date on national
processing is developments as Member States have
authorised by Union law a broad right to impose further
or Member State law conditions - including restrictions - on
that provides adequate the grounds set out in the GDPR.
safeguards.
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New regulation requirement
6. Privacy Notices
Controllers must provide
information notices, to ensure
transparency of processing.
• Specified information must be processing means that
provided, and there is also a
general transparency
obligation.
• Much of the additional
information will not be difficult already has this. The
to supply – although it may
be hard for organisations to
provide retention periods
• There is an emphasis on
clear, concise notices.
Any significant Team/Dept/
What work is required Owner
changes? System
No – it formalises really 1. Audit existing privacy notices, review
what we should always and update them. Look at the ICO
have had. guidance on this.
The principle of “fair 2. For data which is collected indirectly,
and transparent” ensure that a notice is given at the
appropriate time i.e. websites
the controller must
provide information to 3. Work with relevant partners who may
individuals about its collect data on our behalf to assign
processing of their data, responsibility for notice review, update
unless the individual and approval.
controller may also
have to provide
additional information if,
in the specific
circumstances, this is
necessary for the
processing to be fair
and transparent.
The information must
be provided in a
concise, transparent,
intelligible and easily
accessible way, using
clear and plain
language.
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New Regulation Requirement
7. Subject Access,
Rectification and
Portability
Data controllers must, on request: • to access the data (i.e.
• confirm if they process an
individual’s personal data;
• provide a copy of the data (in supplemental
commonly used electronic
form in many cases); and
• provide supporting (and
detailed) explanatory
materials.
Data subjects can also demand
that their personal data be ported the latest within one
to them or a new provider in
machine readable format if the
data in question was:
1) provided by the data subject
to the controller;
2) is processed automatically;
3) is processed based on consent
or fulfilment of a contract.
The request must be met within
one month (with extensions for
some cases) and any intention
not to comply must be explained
Any
Team/Dept/
Significant What Work is Required Owner
System
Changes?
We need to provide 1. Review the organisation’s processes,
confirmation whether procedures and training - are they
his/her personal data sufficient to understand the SAR rights
are being processed; as this will impact on time and
compliance.
to have a copy); and
• to be provided with 2. Develop template response letters, to
ensure that all elements of supporting
information about the information are provided i.e. covering
processing. the detailed supporting information.
As with all data subject 3. Can we provide data in a portable
rights, the controller format (CSV etc). It may be necessary
must comply “without to develop formatting capabilities to
undue delay” and “at meet access requests.
month”, although there 4. Consider if the data relates to more
are some possibilities to than one data subject and how to
extend this. address the difficulties this raises
The controller must also 5. Consider developing data subject
use reasonable means access portals, to allow direct exercise
to verify the identity of of subject access rights.
the person making the
request – but must not 6. Ensure that the function is adequately
keep or collect data just resourced and able to meet the 1
so as to be able to meet month response timescale.
subject access
requests.
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to the individual. These points are
particularly pertinent to
Access rights are intended to online services.
allow individuals to check
lawfulness of processing and the No £10 charge.
right to a copy should not
adversely affect the rights of
others.

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 Any significant Team/Dept/
New regulation requirement What work is required Owner
changes? System
8. Right to Object 1. Audit privacy notices and policies to
ensure that individuals are told about
There are rights for individuals to their right to object, clearly and
object to specific types of separately, at the point of ‘first
processing: communication’.
• Direct marketing;
• Processing based on 2. For online services, ensure there is an
legitimate interests or automated way for this to be effected.
performance of a task in the
public interest/exercise of 3. Review marketing suppression lists
official authority; and and processes (including those
• Processing for research or operated on behalf of the organisation
statistical purposes. by partners and service providers) to
ensure they are capable of operating in
No compliance with the GDPR.
Only the right to object to direct
marketing is absolute (i.e. no
need to demonstrate grounds for
objecting, no exemptions which
allow processing to continue).

There are obligations to notify

individuals of these rights at an
early stage - clearly and
separately from other information.

Online services must offer an

automated method of objecting.

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New Regulation Requirement
9. Right to Erasure and
Restrict Processing
More extensive, and unclear,
rights are introduced: a right to be
forgotten (now called erasure)
and for processing to be
restricted. Individuals can require
data to be ‘erased’ when there is
a problem with the underlying
legality of the processing or
where they withdraw consent.
Any
Team/Dept/
Significant What Work is Required Owner
System
Changes?
1. Ensure that members of staff and
suppliers who may receive data
erasure requests recognise them and
know how to deal with them.
2. Determine if systems are able to meet
the requirements to mark data as
restricted whilst complaints are
resolved, or indeed to delete data is
required.

The individual can require the

controller to ‘restrict’ processing Yes
of the data whilst complaints (for
example, about accuracy) are
resolved, or if the processing is
unlawful but the individual objects
to erasure.

Controllers who have made data

public which is then subject to a
right to erasure request, are
required to notify others who are
processing that data with details
of the request. This is a new
wide-ranging and challenging
obligation

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 Any
Team/Dept/
New Regulation Requirement Significant What Work is Required Owner
System
Changes?

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 1. The organisation needs to assign
responsibility and budget for data
protection compliance.
10. Governance Obligations 2. Organisation needs to appoint a DPO
and to decide for reporting structures.
The GDPR requires all
i.e. the need for the DPO to be
organisations to implement a
autonomous, how this sits with other
wide range of measures to
workloads etc.
reduce the risk of their breaching
the GDPR and to prove that they
3. Supervisory authorities will expect a
take data governance seriously.
line direct to the board/senior mgt and
the job specification for those
These include accountability
designated with DPO responsibilities
measures such as: Privacy
Yes will need to be created.
Impact Assessments, audits,
policy reviews, activity records
4. The DPO will need to ensure that a full
and appointing a data protection
compliance programme is designed
officer a (“DPO”).
incorporating features such as: Privacy
Impact Assessments, regular DP
For those organisations which
audits, policy reviews and updates,
have not previously designated
and training and awareness raising
responsibility and budget for data
programmes.
protection compliance, these
requirements will impose a heavy
5. Audit existing supplier arrangements
burden.
and update template RFQ’s and
procurement contracts to reflect the
GDPR’s data processor obligations.

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 6. Monitor the publication of supervisory
authorities / EC and industry published
supplier terms and codes of practice to
see if they are suitable for use by the
organisation.

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 Any
Team/Dept/
New Regulation Requirement Significant What Work is Required Owner
System
Changes?

Some

Organisations must
implement technical
Adopting appropriate staff policies is
and organisational
specifically mentioned, as is the use of
11. Privacy by Design measures to show that
pseudonymisation (to ensure compliance
they have considered
with data minimisation obligations).
and integrated data
compliance measures
into their data
processing activities.

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 Any
Team/Dept/
New Regulation Requirement Significant What Work is Required Owner
System
Changes?
72 hrs to notify of a
breach.

Larger fines.

Exemption if:

12. Breach Notification
In case of an incident defined as,
“a breach of security leading
to the accidental or unlawful
destruction, loss, alteration,
unauthorised disclosure of, or
access to, personal data
transmitted, stored or otherwise
processed”
• The breach is
unlikely to result in a
high risk for the rights
and freedoms of
individuals;
• Appropriate technical
Develop and update internal
and organisational
breach/incident notification procedures,
protection were in
including incident identification processes
place at the time of
and incident response plans.
the incident (e.g.
encrypted data); or
• This would trigger
disproportionate
efforts (instead a
public information
campaign or “similar
measures” should be
relied on so that
affected individuals
can be effectively
informed)

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New Regulation Requirement
13. Transfer of Personal Data
Transfers of personal data to
recipients in “third countries” (i.e.
outside of the European
Economic Area (“EEA”))
continue to be regulated and
restricted in certain
circumstances.
Breach of the GDPR’s data
transfer provisions is identified in
the band of non-compliance
issues for which the maximum
level of fines can be imposed (up
to 4% of annual turnover).
Any
Team/Dept/
Significant What Work is Required Owner
System
Changes?
1. Review and map key international data
flows (info audit)
2. Review questions included in standard
procurement templates and contract
clauses to ensure that information
about a supplier’s proposed transfer of
personal data for which you are
No responsible is understood and
conducted in a compliant way.
3. Contractual clauses may need re
drafting, monitor progress of Privacy
Shield development.
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