How to Implement CleverControl in Compliance with GDPR
Please note that this article is a recommendation and is not intended to replace legal counsel. GDPR compliance is a complex area of law, and the information provided here is for general guidance purposes only. It is essential to consult with a qualified lawyer in your area who specializes in data protection and privacy laws to ensure your organization's full compliance with GDPR. This article should be considered a starting point for your research, not a substitute for professional legal advice.
What is GDPR?
The General Data Protection Regulation (GDPR) is a comprehensive data privacy and protection law enacted by the European Union (EU) in 2018. Its primary aim is to give individuals more control over personal data collected by "controllers" and to harmonize data protection regulations across the EU member states. "Controllers" are individuals, businesses, organizations, or other bodies that collect information.
The GDPR draws on several fundamental principles:
- purpose limitations: data should be collected and processed only for the purpose it was intended for;
- transparency and information about data processing;
- lawful and fair data processing: the controller should have a legal basis and work in the person's best interest;
- minimization of data collection: only the strictly necessary amount of data should be collected and processed;
- accuracy of collected data: the controller should take reasonable measures to have the most accurate data possible;
- limited storage duration: the controller should erase personal data that is not needed anymore;
- data security and confidentiality guarantees: only the controller's authorized personnel should access the collected data;
- accountability: the controller is responsible for complying with GDPR.
Additionally, GDPR grants individuals rights such as the right to access, rectify, and erase their data, as well as the right to data portability. Organizations must adhere to these principles and protect individuals' privacy rights if they collect data from individuals in the European Union.
How to implement CleverControl in compliance with GDPR?
Understand GDPR requirements
Study GDPR to understand its key principles, requirements, and obligations, especially how they apply to the monitoring and processing of employee data. When in doubt, seek legal counsel from experts well-versed in GDPR and data privacy laws to ensure your monitoring practices align with legal requirements.
Honesty is always the best policy, and when it comes to gathering personal data, it is of peak importance. According to GDPR, the person has the right to know that you collect their personal data, so you must implement employee monitoring openly. Before installing CleverControl, inform your employees that you want to monitor their activity on work computers and, consequently, gather their data.
Explain what data exactly you are going to collect and how you are going to process and use it.
Explain the purpose
GDPR requires that you collect personal data only for specified, explicit, and legitimate purposes and do not process it in a manner that is incompatible with these purposes. Define reasons and clear goals for using CleverControl and explain them to employees. Should these goals change, be sure to inform the staff about these changes.
Get permission to collect data
Ensure that your employees have provided informed consent to monitoring. We recommend doing it in the written form. The document should be very clear about what employees are agreeing to. Employees have the right to withdraw their consent at any time.
GDPR encourages you to collect only the data strictly necessary for legitimate business purposes and your goals for monitoring. Avoid gathering excessive or irrelevant information about your employees.
Depending on your goals, you may want to collect diverse information, and this information may vary from team to team or even from employee to employee. CleverControl comes with flexible monitoring settings, allowing you to easily configure what information the program collects about each employee.
Respect data access rights
Under GDPR, individuals have the right to access their data, object, rectify inaccuracies, and request data deletion. Have a process in place to respond to these requests promptly.
Here is how CleverControl can help you stay in line with employees' rights:
- you can provide employees with access to collected data with the Reports feature. Reports contain all collected data for any period and user in a convenient format. You can download and send them to employees at any time.
- employees can install CleverControl on their computers by following a special link or using the installer file you provide. This is one of the ways they can explicitly express their consent to monitoring.
- CleverControl stores all collected data on the monitored computer before delivering it to the monitoring dashboard. You can erase all or a specific type of data immediately from that computer using the dashboard.
- CleverControl Cloud stores collected data on the online dashboard for 1 to 12 months, depending on the data type. After that, it is automatically deleted permanently without the possibility of recovery. At the moment, there is no option to erase the data manually. However, you can remove the computer from your dashboard, and all data associated with it will be removed as well.
- CleverControl On-Premise and CleverControl Local for Small Business give you full control over the collected data as data remains within your company premises. Define and adhere to specific data retention periods for employee monitoring data. Once the data is no longer needed for its intended purpose, it should be securely deleted.
GDPR demands that only the personnel who process the data should have access to it.
At CleverControl, we do not have any access to collected monitoring logs - all data is processed automatically and stored in an encrypted way. Only the CleverControl account owner has access to the gathered information. To stay compliant with GDPR, share this access only with managers who conduct employee assessments based on the collected data. Be sure that only authorized personnel can view the monitoring logs.
CleverControl On-Premise and CleverControl Local for Small Business were specifically designed to give the company full control over how the data is stored and processed - and who can access it.
Train your employees on GDPR compliance and your company's data protection policies, especially those involved in data monitoring and processing.
Implementing CleverControl while maintaining compliance with GDPR is essential for organizations aiming to monitor employee activities in the EU while respecting their data privacy rights. By following the guidelines outlined in this article, such as data minimization, transparency, consent, and robust security measures, you can strike a balance between effective employee monitoring and GDPR compliance.
Remember that GDPR is a dynamic regulation, and staying updated with any changes in the law is crucial. Regular audits, employee training, and legal consultation when needed are all part of the ongoing process to ensure your CleverControl implementation aligns with GDPR principles.
Incorporating these practices into your organization's approach to CleverControl will not only help you maintain data privacy but also foster trust and transparency among your employees. Striking this balance is not just a legal requirement; it's a testament to your commitment to respecting individuals' rights and safeguarding their personal data. Remember that data protection and compliance are ongoing responsibilities and essential elements of responsible and ethical business practices in today's data-driven world.