Data Protection by Design: Integrating GDPR into Your Product Development

GDPR

The General Data Protection Regulation (GDPR) introduced a new paradigm: rather than treating privacy like a late-stage formality or a legal checkbox, startups and scale-ups must embed data protection into the foundation of their product development lifecycle. This is the essence of ‘data protection by design and by default’—a foundational concept under data protection law aimed to protect the rights of data subjects and ensure that personal data are not made accessible without necessity. The concept of privacy by design requires every organisation and to individuals involved in development to prioritise data privacy and security at all stages.

Protection by Design and Default

Data Protection by Default

Under Article 25, often referred to as Privacy by Design and by Default, GDPR pushes every organisation to treat privacy and data protection as baseline standards. This means you have to integrate or ‘bake in’ data protection into every system or product. Data protection by default means you shall ensure that by default, personal data is not automatically disclosed or over-collected. Default settings may require a careful determination of the means and purposes of processing.

When done right, this not only helps you comply with regulations but it also builds user trust and reduces data protection concerns. In this blog, we’ll explore how to implement data protection by design throughout your development lifecycle to protect personal data, using privacy enhancing technologies, and considering privacy and data protection principles.

Privacy by Design

Data Protection by Design

What Is “Privacy by Design and by Default”?

‘Data protection by design’ and default refers to embedding data protection principles effectively into your product from the design stage right through to deployment. This includes measures to implement the data protection principles effectively and safeguard the rights of data subjects. The approach helps to regulation and protect the rights of individuals by ensuring that data processing activities are carefully considered from the outset.

Key principles:

• Minimal Data Collection: Align with principles of data minimisation and purpose limitation—collect only what you need.
• Secure Architecture: Adopt state of the art encryption and access controls.
• User Empowerment: Ensure personal data is automatically protected, and that defaults ensure that by default personal data isn’t shared unnecessarily. This means design any system with the mindset that users’ privacy and security are prioritised.

This approach helps your organisation comply with UK GDPR requirements and demonstrates accountability in complying with data protection obligations.

Organisation

Why Start Early?

Implement data protection by design early to avoid technical debt. Planning for data protection into your processing activities ensures you don’t scramble to address last-minute compliance issues. Design and by default’ requires that you consider data for those purposes for which it is strictly necessary and limit exposure.

Benefits:

• Reduced breach risks
• Cleaner, secure code
• Ability to show regulators you’ve considered data protection issues as part of your design

Article 25 specifies that you must only use processors who provide sufficient guarantees to meet the requirements of data protection. A certification mechanism pursuant to Article 42 may be used to demonstrate this; Article 42 may be used to verify processors.

Designing with Data Protection in Mind

1. Identify the Data: Determine what personal data you’ll use, for what means for processing, and limit it. Use the data only for specified purposes.
2. Add Security Requirements: Include measures to implement the data protection principles effectively such as encryption, pseudonymisation, and rate-limiting.
3. Consider User Controls: Design systems that protect their privacy by default, ensuring privacy or security isn’t compromised. Remember to make data protection an essential feature and integrate it as part of the design from the outset.

Example: A ride-sharing app limits data collection to approximate location, aligning with data minimisation and purpose limitation.

Developing and Testing for Privacy

• Use state of the art frameworks designed to implement the data protection principles.
• Access Controls: Limit roles to process the personal data required.
• Anonymisation: Protect data subjects in testing phases.

Data Protection Impact Assessments (DPIAs) help consider data protection issues as part of risk assessments, ensuring that systems are designed to implement the data protection principles effectively.

Privacy in the User Experience

• Transparent Settings: Empower users using their personal data with control.
• Consent Flows: Ensure consent is specific, informed.

Security Measures as Part of Design

• Encryption, Tokenisation: Maximising data security to protect personal data.

Vetting Third-Party Components

Every third-party must be vetted to ensure they do not use the data irresponsibly. You must only use processors who comply.

Collaboration Beyond Engineering

Every role in the organisation is responsible for data protection. Cross-functional teams should consider privacy and data protection at each step, ensuring data privacy is not an afterthought. As highlighted by the Information and Privacy Commissioner, it is essential that organisations embed privacy in their systems by default.

The Business Value of Privacy by Design

• Lower risk exposure
• Easier audits, with systems designed to implement the data protection principles
• Data protection an essential component of your brand’s value

Conclusion + CTA

Designing privacy into your systems is critical. UK GDPR requires you to implement appropriate technical and organisational measures and make data protection an essential part of your systems. Design and implementation of systems must ensure data is protected and data is not automatically made accessible.

Engage your Data Protection Officer early to meet the requirements of data protection and demonstrate compliance with data protection by design obligations. If you need help, contact Atoro or download our checklist.

As the Privacy Commissioner of Ontario and Information and Privacy Commissioner advise, embedding privacy principles from the outset helps protect the rights of data subjects and ensures data protection and privacy from the ground up. Let Atoro help you build trust through effective, design and data protection integration.

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