In brief
- Regulation: GDPR.
- Any legal department processing personal data is concerned, whether as controller or co-pilot.
- Establish and inform.
- Govern the whistleblowing system.
- Protecting sensitive data.
- Fines of up to €20M or 4% of global turnover.
Regulatory deadlines
The key dates of this regulation.
May 2018
Entry into application
In forceWhat does GDPR cover?
Legal departments operate under a variety of legal bases (contract, legal obligation, legitimate interest, mission). Litigation may involve sensitive data, and whistleblowing mechanisms require enhanced confidentiality for the identities of both whistleblowers and the individuals concerned.
Retention periods must take applicable regulatory requirements into account.
Is the 'Legal Services' sector concerned?
Any legal department processing personal data is involved, either as controller or co-pilot. Service providers (legal publishing, hosting, whistleblowing platforms) act as processors and must be governed accordingly.
The whistleblowing mechanism concerns all organisations required to have one in place.
Detailed obligations
Establish grounds and inform
Define the legal bases and inform individuals, in compliance with the rights of the defence.
Frame the whistleblowing mechanism
Restrict access, ensure confidentiality, and limit the retention of reports.
Protect sensitive data
Secure litigation data (health, offences) with enhanced measures.
Control retention periods
Align retention periods with limitation periods and purposes, then archive or delete.
Oversee subcontractors
Sign DPAs with service providers (alerting, hosting).
Sanctions & risks
Fines of up to €20M or 4% of global turnover. Inadequate confidentiality in a whistleblowing system or litigation is a major risk.
Common mistakes in the sector
- 1Poorly compartmentalised alert. Leaving access to reports too broadly open.
- 2Unprotected sensitive data. Neglecting litigation security.
- 3Indefinite retention. Retain records without limits.
- 4Unmanaged service providers. Using a whistleblowing platform without a DPA.
Practical case
A company deploys a whistleblowing platform accessible to too many internal users. Remediation restricts access, ensures whistleblower confidentiality, limits the retention of reports, and governs the service provider through a DPA.
Compliance roadmap
- 1
Map. Inventory contracts, disputes, and alerts.
- 2
Secure the alert. Access and confidentiality.
- 3
Protect sensitive data. Strengthening file security.
- 4
Frame retention periods. Align with requirements.
- 5
Contractualise. Supervise service providers.
Frequently asked questions
A strictly restricted circle, under enhanced confidentiality conditions.
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