Attaining GDPR compliance for a US software company

Achieving GDPR compliance for a US software company can be complex, especially when entering the European market. One US-based data integration provider faced this challenge when pursuing a high-stakes contract with a German automotive manufacturer.

Background

The client is a U.S.-based software company specializing in providing advanced data integration solutions to the automotive industry. Their services enable real-time data flow between global manufacturers, dealer systems, and software providers, which involve the sharing and processing of personal data. The company was in the process of securing a contract with a major automotive manufacturer in the European market when the client paused advancement due to missing GDPR implementation. Recognizing the critical importance of ensuring that their data handling met EU regulations, the company found the need for a deeper understanding of GDPR requirements as they navigated its complexities.

Causes

As a U.S.-based company, the client initially lacked familiarity with the specific requirements of the GDPR. This was a major risk for a crucial contract in Germany. GDPR requirements do not prescribe specific technical and organizational measures, leaving exact actions open to interpretation. This ambiguity often leads to inadequate implementation in products, compliance measures, and contractual documentation. While U.S.-based companies are not directly subject to EU regulations such as the GDPR, EU-based clients will often require them to demonstrate solid GDPR compliance before enlisting them as a vendor.

Objectives

1. Demystify Data Processing: Facilitate the company’s comprehension of their data processing activities.
2. Identify Roles: Determine the company’s role as a data controller or data processor for various processing activities.
3. Clarify GDPR Requirements: Ensure the company fully understands GDPR requirements specific to their operations.
4. Resolve Challenges with GDPR: Implement tailored solutions to achieve compliance and enable a positive relationship with the client.

Solution

The following three-step approach was employed by TechGDPR:

1. Workshop
   • TechGDPR organized meetings with key internal stakeholders to examine how data is collected, stored, and processed within the client. TechGDPR optimized the company’s internal knowledge to gain valuable insights into their data landscape.
2. Data mapping
   • Based on the company’s answers regarding analytical and operational processes, a comprehensive record of the company’s data processing activities was created. This overview encompassed various sectors involved in data collection, including processing purposes and legal bases.
   • This document serves as a reference point for any ongoing compliance work, including policies, procedures, technical and organizational measures. Additionally, it is prepared for submission as compliance documentation should supervisory authorities request it during an investigation.
3. Compliance Analysis and Report
   • The current level of data protection within the company was reviewed before developing personalized recommendations to improve GDPR compliance. Three levels of next step priorities were outlined for the client to proceed at their preferred pace. Throughout this process, the company demonstrated a profound understanding of actionable steps to enhance data security and regulatory adherence.
   • Following the steps previously noted, change and implementation work was undertaken. This included developing comprehensive privacy policies that clearly define data handling practices and user rights. Along with data protection measures that ensure ongoing compliance, such as clear protocols for data breaches, existing compliance gaps were addressed and transparency was ensured.

Outcomes

Deeper Insight into GDPR Requirements: The client gained comprehensive insights into GDPR requirements and their responsibilities as a data controller and processor.

Improved Compliance: The client successfully implemented measures to comply with high standards of data protection, achieving significant transparency in consumer data privacy and security. This increases the company’s long-term competitive advantage, as such transparency fosters increased confidence and a favorable public perception among clients.

Future Implications: The client secured a new contract and partnership with a major client in Germany, opening up new possibilities for business in the EU.

GDPR compliance for US software companies

Through personalized assessments, workshops, data mapping, and compliance analysis, the client resolved their GDPR challenges and enabled a relationship with their EU-based client. TechGDPR’s tailored GDPR compliance strategy facilitated their success with a major EU client. This also strengthened their overall data protection framework, ensuring long-term success and client trust in terms of ethical and transparent data usage. Additionally, TechGDPR contributed to the client securing their target contract. This was done in just 3 months by leveraging strong communication and personalized recommendations.