In the current era of technology, safeguarding data and ensuring cybersecurity are of utmost importance. Two key frameworks that play a significant role in this landscape are the General Data Protection Regulation (GDPR) and the NIS 2 Directive. Each framework has its focus and scope, but they intersect in important ways to enhance overall cybersecurity and data protection.
GDPR: Protecting Personal Data
The GDPR, which came into effect in May 2018, is a comprehensive regulation aimed at protecting the personal data of individuals within the European Union (EU). It sets stringent requirements for data processing, consent, data subject rights, and data breach notifications. Organisations that handle personal data must implement robust data protection measures to comply with GDPR, ensuring the privacy and security of personal information.
Does the GDPR still apply to UK business? The answer is YES. The GDPR is retained in domestic law after Brexit as the UK GDPR. It is part of the UK Data Protection legislation, along with the Data Protection Act (DPA) 2018.
Key Aspects of the Data Protection Legislation include:
- Data Protection Principles for processing personal data: fairness, lawfulness, transparency, purpose limitation, data minimization, accuracy, storage limitation, and integrity and confidentiality.
- Right of Individuals: right to be informed, right to access, right to rectification, right to erasure, right to restrict processing, right to data portability, right to object, and rights related to automated decision-making and profiling.
- Data Breach Notification: organisations must report certain types of personal data breaches to the Information Commissioner’s Office (ICO) and, in some cases, to the individuals affected.
- Accountability and Governance: organisations must demonstrate compliance with the DPA 2018 through measures such as data protection impact assessments, data protection officers, and maintaining records of processing activities.
- International Data Transfers: The DPA 2018 includes provisions for transfer of personal data outside the UK, ensuring that such transfers are subject to appropriate safeguards.
NIS 2 Directive: Enhancing Cyber Resilience
The European Union’s NIS 2 Directive, which came into effect in January 2023, aims to strengthen cybersecurity across the EU by setting requirements for the security of networks and information systems. It expands the scope of the original NIS Directive to include a wider range of sectors and entities, such as digital services, public administration and critical infrastructure. NIS 2 mandates comprehensive cybersecurity risk management, incident reporting and cooperation between member states to improve the EU’s overall cyber resilience. It is of utmost importance for all UK companies that have business relationships with organisations established in the European Union (suppliers, clients, business partners) to meet NIS 2 requirements.
How can compliance with the UK GDPR lead to meeting the requirements of the NIS 2 Directive?
Compliance with the UK GDPR can significantly contribute to meeting the requirements of the NIS 2 Directive due to several overlapping principles and practices. Here’s how:
- Risk Management
UK GDPR: Requires organisations to assess and mitigate risks to personal data through Data Protection impact Assessments (DPIAs).
NIS 2 Directive: Mandates comprehensive cybersecurity risk management for network and information systems.
Overlap: Implementing robust risk management processes for GDPR can help organisations identify and mitigate cybersecurity risks, aligning with NIS 2 requirements.
- Incident Reporting
UK GDPR: Organisations must report personal data breaches to the Information Commissioners Office (ICO) within 72 hours.
NIS 2 Directive: Requires prompt reporting of cybersecurity incidents to relevant authorities.
Overlap: Establishing an incident response plan for UK GDPR compliance can streamline the process for reporting cybersecurity incidents under NIS 2 Directive.
- Data Protection and Security
UK GDPR: Emphasizes the protection or personal data through technical and organisational measures.
NIS 2 Directive: Focuses on the security of network and information systems.
Overlap: Measures taken to protect personal data under UK GDPR, such as encryption and access controls, also enhance the security of network and information systems, supporting NIS 2 compliance.
- Accountability and Governance
UK GDPR: Requires organisations to demonstrate compliance through documentation, policies, and procedures.
NIS 2 Directive: Demands accountability in managing cybersecurity risks and implementing security measures.
Overlap: Governance frameworks established for UK GDPR, including maintaining records of processing activities and appointing Data Protection Officers (DPOs), can be adapted to meet NIS 2 governance requirements.
- Training and Awareness
UK GDPR: Stresses the importance of training employees on data protection principles.
NIS 2 Directive: Highlights the need for cybersecurity awareness and training.
Overlap: Training programs developed for GDPR compliance can be expanded to include cybersecurity awareness, fulfilling NIS 2 training requirements.
By leveraging the process and controls established for UK GDPR compliance, organisations can create a strong foundation for meeting the broader cybersecurity requirements of the NIS 2 Directive.
From Data Privacy to Network Security: How Go Live UK can help?
As an expert in the field of GDPR, Go Live UK Ltd. provides effective products and services to ensure clients' data security and maintain their online presence. Our latest innovation in the field of cybersecurity is our GDPR compliance procedures. Our original methodology will guide you through the process of GDPR compliance and address all aspects, including Governance, ICT services, Websites, HR, and Training.
But our help does not stop here. You can opt in to receive regular GDPR updates customized especially for you and your business.
Go Live UK is honored to be part of the sole delivery partner of the NCSC – the IASME Consortium. As a Certification Body, we have been trained and licensed to certify against both Cyber Essentials and IASME standards. Through the obtained IASME certificate, UK companies demonstrate that they apply both cybersecurity measures and measures to protect personal data in accordance with GDPR standards.
Also, Go Live UK offers comprehensive consultations to guide you through the certification process and enhance your cybersecurity posture.
Our expert team is dedicated to helping you achieve and maintain robust data protection and security measures, protecting your organization from cyber threats. If you need a GDPR and cyber expert, please call us on 0203 8652 964, or send an email to [email protected].