Collaboration Between IT and Legal Teams: A Must for GDPR Cybersecurity Policies

In today’s increasingly interconnected world, where personal data breaches and cyber threats continue to make headlines, organisations are under immense pressure to ensure compliance with the General Data Protection Regulation (GDPR). GDPR, which came into effect in May 2018, imposes stringent requirements on organisations that process or control the personal data of EU citizens, regardless of where the organisation is located. One of the fundamental aspects of GDPR compliance involves securing personal data through robust cybersecurity measures. However, the complex legal language of the GDPR, combined with rapidly evolving cyber threats, has created a critical need for effective collaboration between IT and legal teams.

This article will explore why collaboration between IT and legal teams is vital in shaping GDPR-compliant cybersecurity policies, the challenges these teams face, and the strategies organisations can adopt to ensure a harmonious working relationship between these two departments.

The Role of GDPR in Cybersecurity

The GDPR was designed to give individuals greater control over their personal data and to ensure organisations are accountable for protecting this data. The regulation includes several provisions aimed at strengthening cybersecurity and reducing the risk of data breaches. Some of the key GDPR cybersecurity requirements include:

• Data protection by design and by default: Organisations must incorporate data protection measures into the development and operation of their systems from the outset, rather than as an afterthought.
• Data breach notification: Organisations are required to report data breaches to the relevant supervisory authority within 72 hours of becoming aware of the breach.
• Data minimisation: Organisations should only collect the minimum amount of personal data necessary for their purposes and ensure it is processed for legitimate purposes.
• Security of processing: Organisations are required to implement technical and organisational measures to ensure the security of personal data. These measures include encryption, pseudonymisation, access controls, and regular testing of security systems.

Failure to comply with these provisions can result in significant fines, reaching up to €20 million or 4% of the organisation’s global annual turnover, whichever is higher. Given the financial and reputational risks associated with non-compliance, ensuring GDPR compliance is a top priority for organisations operating in the EU or processing the data of EU citizens.

However, achieving compliance is not solely the responsibility of the IT department. GDPR compliance involves understanding complex legal requirements and translating these into technical solutions that adequately protect personal data. This is where the collaboration between IT and legal teams becomes essential.

The Need for Collaboration Between IT and Legal Teams

Legal Expertise in Interpreting GDPR Requirements

The GDPR is a comprehensive and highly detailed regulation that includes complex legal language. Legal professionals are trained to interpret the regulation, understand its implications, and identify the specific requirements that apply to an organisation. However, legal teams typically lack the technical expertise needed to implement cybersecurity measures or assess the effectiveness of those measures.

On the other hand, IT teams possess the technical skills necessary to develop, implement, and maintain the organisation’s cybersecurity infrastructure. They are well-versed in encryption, access control, firewalls, and other security measures that can be used to protect personal data. However, they may not be familiar with the specific legal obligations set out in the GDPR or understand how these obligations translate into technical requirements.

Without effective collaboration, there is a risk that an organisation’s cybersecurity measures may not fully comply with GDPR requirements. For example, an IT team might implement encryption without realising that the GDPR also requires them to ensure that encryption keys are securely managed. Similarly, a legal team might draft a data breach notification policy that is legally sound but impractical for the IT team to execute within the 72-hour reporting window required by the GDPR.

Ensuring a Comprehensive Approach to Data Protection

Collaboration between IT and legal teams ensures that both legal and technical aspects of GDPR compliance are addressed. By working together, these teams can develop cybersecurity policies that meet the legal requirements of the GDPR while also being technically feasible and effective.

For example, when developing a data protection policy, the legal team can provide input on the specific GDPR requirements that need to be addressed, such as data minimisation, data subject rights, and breach notification procedures. The IT team can then determine how to implement these requirements through technical measures such as data encryption, access controls, and system monitoring.

In addition, collaboration between IT and legal teams can help ensure that the organisation’s approach to data protection is comprehensive and aligned with its broader business objectives. For example, the legal team may need to ensure that data protection measures comply not only with the GDPR but also with other relevant laws and regulations, such as the UK Data Protection Act 2018 or industry-specific regulations like the Payment Card Industry Data Security Standard (PCI DSS). The IT team can then ensure that the organisation’s cybersecurity infrastructure is capable of meeting these requirements without disrupting business operations.

Addressing Data Breaches and Incident Response

One of the most critical areas where collaboration between IT and legal teams is essential is in the event of a data breach. The GDPR requires organisations to notify the relevant supervisory authority within 72 hours of becoming aware of a breach. In some cases, organisations may also be required to notify affected individuals if the breach poses a high risk to their rights and freedoms.

The IT team plays a crucial role in detecting, responding to, and mitigating the effects of a data breach. They are responsible for identifying the source of the breach, containing the incident, and restoring the affected systems. However, they may not be familiar with the legal requirements for breach notification, including the specific information that must be included in the notification and the timelines for reporting.

The legal team, on the other hand, is responsible for ensuring that the organisation complies with its legal obligations in the event of a breach. This includes determining whether the breach needs to be reported to the supervisory authority and affected individuals, drafting the necessary notifications, and advising on any potential legal risks or liabilities.

By working together, the IT and legal teams can ensure that data breaches are managed effectively and in compliance with GDPR requirements. This collaboration can also help minimise the damage caused by the breach, both in terms of financial losses and reputational harm.

Balancing Privacy and Security

One of the challenges of GDPR compliance is striking the right balance between privacy and security. While the GDPR requires organisations to implement strong security measures to protect personal data, it also places a strong emphasis on privacy and the rights of data subjects.

For example, the GDPR gives individuals the right to access their personal data, request corrections, and request the deletion of their data under certain circumstances (the “right to be forgotten”). However, implementing these rights can be technically challenging, especially for large organisations with complex IT systems.

Collaboration between IT and legal teams is essential to ensure that privacy and security are balanced in a way that complies with the GDPR. The legal team can provide guidance on the specific rights of data subjects and the circumstances under which these rights can be exercised, while the IT team can develop technical solutions to facilitate the exercise of these rights without compromising the security of personal data.

Challenges to Collaboration Between IT and Legal Teams

While the need for collaboration between IT and legal teams is clear, achieving effective collaboration is not always easy. There are several challenges that organisations may face when trying to foster collaboration between these two departments:

Differences in Language and Mindset

One of the biggest challenges to collaboration between IT and legal teams is the difference in language and mindset. Legal professionals are trained to think in terms of laws, regulations, and compliance, while IT professionals are focused on technical solutions and operational efficiency.

This difference in mindset can lead to misunderstandings and miscommunication. For example, a legal team might request that the IT team implement a specific security measure without fully understanding the technical implications or the resources required. Similarly, the IT team might develop a technical solution that meets the organisation’s security needs but fails to comply with legal requirements.

To overcome this challenge, organisations need to foster a culture of collaboration and mutual understanding between IT and legal teams. This can be achieved through regular communication, cross-departmental training, and joint decision-making processes.

Siloed Working Practices

In many organisations, IT and legal teams operate in silos, with limited interaction or collaboration between the two departments. This can lead to a fragmented approach to GDPR compliance, where legal and technical requirements are addressed separately rather than as part of a cohesive strategy.

To break down these silos, organisations should encourage cross-departmental collaboration by creating opportunities for IT and legal teams to work together on GDPR compliance initiatives. This could include joint workshops, cross-functional task forces, and regular meetings to discuss GDPR compliance and cybersecurity issues.

Lack of Resources

Another challenge to collaboration between IT and legal teams is the lack of resources. Many organisations, particularly small and medium-sized enterprises (SMEs), may not have dedicated legal or IT teams, making it difficult to allocate the necessary time and resources to GDPR compliance.

In these cases, organisations may need to seek external support, such as legal counsel or IT consultants, to ensure that their GDPR compliance efforts are effective. However, even in organisations with limited resources, it is still possible to foster collaboration by encouraging regular communication and knowledge sharing between IT and legal professionals.

Strategies for Fostering Collaboration Between IT and Legal Teams

To overcome the challenges of collaboration and ensure GDPR compliance, organisations can adopt several strategies to foster effective collaboration between IT and legal teams:

1. Create Cross-Functional GDPR Task Forces

One of the most effective ways to foster collaboration between IT and legal teams is to create cross-functional task forces dedicated to GDPR compliance. These task forces should include representatives from both IT and legal teams, as well as other relevant departments such as human resources, finance, and operations.

The task force should be responsible for overseeing the organisation’s GDPR compliance efforts, including developing and implementing cybersecurity policies, conducting risk assessments, and responding to data breaches. By working together, the members of the task force can ensure that both legal and technical aspects of GDPR compliance are addressed.

2. Conduct Joint Training and Workshops

Regular training and workshops can help bridge the gap between IT and legal teams by providing opportunities for knowledge sharing and mutual learning. These sessions should cover both the legal and technical aspects of GDPR compliance, with a focus on how the two areas intersect.

For example, a workshop could cover topics such as data breach notification requirements, the use of encryption to protect personal data, and the legal implications of failing to comply with GDPR. By participating in these sessions together, IT and legal professionals can develop a better understanding of each other’s roles and responsibilities in ensuring GDPR compliance.

3. Establish Clear Lines of Communication

Effective communication is key to fostering collaboration between IT and legal teams. Organisations should establish clear lines of communication between the two departments, with regular meetings and updates on GDPR compliance and cybersecurity issues.

In addition, organisations should create processes for escalating issues or concerns related to GDPR compliance, such as data breaches or potential non-compliance with legal requirements. By establishing clear communication channels, IT and legal teams can work together more effectively to address potential issues before they escalate.

4. Use Technology to Facilitate Collaboration

Technology can play a key role in facilitating collaboration between IT and legal teams. For example, organisations can use collaboration tools such as project management software, communication platforms, and document sharing systems to ensure that IT and legal teams can easily share information and work together on GDPR compliance initiatives.

In addition, organisations should consider investing in specialised software solutions for GDPR compliance, such as data protection management systems, breach notification tools, and automated risk assessment platforms. These tools can help streamline the compliance process and ensure that both IT and legal teams have access to the information they need to work together effectively.

Conclusion

The collaboration between IT and legal teams is essential for organisations to develop and maintain GDPR-compliant cybersecurity policies. By working together, these teams can ensure that personal data is protected through robust security measures, while also meeting the legal requirements of the GDPR.

However, achieving effective collaboration is not without its challenges. Organisations must overcome differences in language and mindset, break down silos, and allocate the necessary resources to support GDPR compliance efforts. By adopting strategies such as cross-functional task forces, joint training, clear communication, and the use of technology, organisations can foster a culture of collaboration between IT and legal teams and ensure that their GDPR cybersecurity policies are both legally compliant and technically sound.

In a world where cyber threats are constantly evolving, the collaboration between IT and legal teams is no longer a luxury—it is a necessity.