Data Privacy Checklist
Ensure GDPR, CCPA, and privacy regulation compliance with structured data mapping, consent management, and user rights implementation.
Checklist: Data Privacy (engineering)
Data privacy regulations like GDPR and CCPA require organizations to document data flows, obtain informed consent, and provide users with rights over their personal data. Non-compliance carries significant fines. This checklist covers the technical and process requirements for privacy compliance.
Checklist Items
- Create a data inventory and flow map [critical]: Document all personal data collected, where it is stored, how it flows between systems, and who has access.
- Implement consent collection and management [critical]: Build consent capture with granular options, timestamp records, and the ability for users to modify consent.
- Build data subject access request handling [critical]: Implement automated or semi-automated workflows for users to view, export, and delete their personal data.
- Configure data retention and deletion policies [important]: Define retention periods for each data type and implement automated deletion when retention expires.
- Implement data encryption and pseudonymization [important]: Encrypt personal data at rest and in transit. Pseudonymize data used for analytics and testing.
- Review third-party data sharing [important]: Audit all third-party services that receive personal data. Ensure DPAs are signed with each processor.
- Create a privacy policy [important]: Write a clear, specific privacy policy covering data collection, usage, sharing, retention, and user rights.
- Implement cookie consent banners [recommended]: Add cookie consent with opt-in for non-essential cookies that blocks tracking until consent is given.
- Set up data breach notification procedures [recommended]: Document procedures for detecting, assessing, and notifying authorities within 72 hours of a data breach.
- Conduct privacy impact assessments [recommended]: Assess privacy risks for new features that process personal data before development begins.
Common Mistakes
- Treating consent as a one-time event: Consent must be granular, revocable, and recorded with timestamps. Users must be able to modify consent at any time.
- No data deletion capability: Build automated data deletion from day one. Retrofitting deletion across multiple systems is extremely complex.
- Ignoring third-party data flows: Analytics, marketing, and support tools all process personal data. Audit every SaaS tool and sign DPAs.
Frequently Asked Questions
- Do I need to comply with GDPR if I am not in Europe?
- Yes, if you process data of EU residents. GDPR applies based on the data subject location, not the company location.
- What is the difference between GDPR and CCPA?
- GDPR requires opt-in consent for data processing. CCPA gives California residents the right to opt out of data sale. GDPR is generally stricter.
- How long do I have to respond to a data access request?
- GDPR requires response within 30 days. CCPA requires response within 45 days. Build automation to meet these deadlines.