What duties do I have as a company regarding data protection?
November 13, 2022 | 50,00 EUR | answered by Andrea Schlattmann
Dear Data Protection Lawyer,
I run a small business in the field of E-commerce and I am facing the challenge of correctly implementing data protection policies. I am aware that compliance with data protection is an important obligation for companies, but I am unsure of the specific measures I need to take to ensure this.
Currently, we store personal data of our customers, such as name, address, and payment information, in order to process orders. We also use cookies on our website to analyze user behavior and improve the shopping experience. However, I am not sure if we are complying with all legal requirements and if our privacy policy is sufficient.
My concern is that we may be in violation of data protection laws and therefore risk facing high fines or compensation claims. I want to ensure that we take all necessary measures to protect the data of our customers and comply with legal requirements.
Can you please explain to me the specific obligations that my company has in terms of data protection and the measures I should take to correctly implement data protection policies? Are there specific measures that we as an E-commerce company need to consider, and how can we ensure that we are legally compliant?
Thank you in advance for your assistance.
Sincerely,
Franceska Götzinger
Dear Mrs. Götzinger,
Thank you for your inquiry regarding the implementation of data protection policies in your e-commerce company. It is commendable that you are considering compliance with data protection regulations and want to ensure that you comply with all legal requirements.
As a company that stores and processes personal data of its customers, you have certain obligations regarding data protection. First and foremost, you must ensure that the data of your customers is handled securely and confidentially. This includes taking technical and organizational measures to protect the data from unauthorized access, loss, or theft.
Furthermore, you must ensure that your customers are transparently informed about what data you collect, for what purpose you use it, and how long you store it. It is important to provide a privacy policy on your website that outlines this information in detail. The privacy policy must be easily accessible and written in clear language.
Regarding the use of cookies on your website, you must ensure that you obtain consent from your users before setting cookies that are not strictly necessary for the technical operation of the website. This means that you should set up a cookie banner or pop-up through which users must actively consent before cookies are set.
As an e-commerce company, you should also ensure that you only use the data of your customers for the purposes for which they were collected and do not disclose them to third parties without the consent of the individuals involved. Moreover, you should regularly review whether your data protection measures still comply with the current state of technology and, if necessary, adjust them.
To ensure that you are legally on the safe side, I recommend appointing a data protection officer who is responsible for compliance with data protection in your company. This can be either an internal person or you can hire an external data protection officer. They can also assist you in creating a legally compliant privacy policy and provide advisory support in implementing further data protection measures.
It is important that you continually inform yourself about current data protection laws and ensure that you implement them in your company. If you have any uncertainties or questions, feel free to contact me or another specialized attorney in data protection law to receive individual advice.
I hope that this information is helpful to you and wish you success in implementing data protection policies in your e-commerce company.
Sincerely,
Andrea Schlattmann
