Data privacy is a critical concern for both consumers and businesses. One of the most impactful regulations is the General Data Protection Regulation (GDPR), a law that continues to influence business practices across the UK and the EU even after Brexit. A key provision within GDPR is the Right to Erasure, also known as the ‘Right to be Forgotten’. For businesses, understanding the nuances of this right is essential for maintaining compliance and protecting their reputation.
What Is the Right to Erasure?
The GDPR’s Right to Erasure empowers individuals to request the deletion of their personal data held by an organisation. This request can be made verbally or in writing and must be handled within one month. According to the Information Commissioner’s Office (ICO), the right is not absolute and only applies under specific conditions, such as when the data is no longer necessary for the original purpose, the individual withdraws consent, or the data has been unlawfully processed .
Business Implications of the Right to Erasure
For businesses, complying with the Right to Erasure brings both challenges and opportunities. Failure to comply can lead to significant fines and reputational damage, but it also presents an opportunity for businesses to strengthen trust with their customers. A well-managed data privacy strategy can differentiate a company in a competitive market.
A critical aspect is ensuring that businesses have processes in place to handle data deletion requests efficiently. This means not only removing data from live systems but also addressing backups. As outlined by the ICO, while personal data may remain in backup systems temporarily, businesses must ensure that such data is no longer actively used and is deleted according to an established schedule .
Moreover, businesses must also notify third parties with whom they have shared the personal data if a valid erasure request has been made, making it vital for organisations to keep track of where data has been shared .
Exceptions and Challenges
The Right to Erasure is not without its limitations. Businesses are not required to erase data in certain cases, such as when the data is necessary for compliance with legal obligations, to safeguard public interest, or for the defense of legal claims . This provides companies with some flexibility, but it also means that they must be prepared to justify any refusal to comply with an erasure request.
Additionally, businesses need to be aware that individuals can submit requests verbally, and all staff must be equipped to recognise and forward such requests. This requires ongoing training and well-defined procedures to ensure compliance across the entire organisation .
Certified Data Erasure Solutions with VitrX and Global EMEA
To support businesses in managing their GDPR obligations, VitrX, in partnership with Global EMEA, offers Global Wipe, a certified data erasure solution. This product securely formats hard drives in line with EAL3+ Higher Level Common Criteria, ensuring the highest standards of data security. The service extends across a broad range of devices, including laptops, desktops, workstations, tablets, servers, storage devices, smartphones, and even televisions.
Our service not only provides secure data erasure but also operates under a licensing model with no expiration date, meaning failed wipes do not use a license. This model offers a faster and higher success rate compared to leading competitors, ensuring that data is completely erased the first time. Additionally, Global Wipe works in alignment with the European Data Act and TCFD CO2 reporting, helping businesses meet both privacy and sustainability goals.
Best Practices for Businesses
As noted in the article by the Cambridge Network, companies need to ensure their privacy policies clearly communicate individuals’ rights under GDPR, including the Right to Erasure. Having robust data retention policies in place will ensure that data is securely managed and deleted when it is no longer needed.
Businesses that utilise certified data erasure services, like Global Wipe – Global EMEA, from VitrX can mitigate the risks of GDPR breaches. With comprehensive solutions covering live and backup systems, businesses can stay compliant and maintain the trust of their customers.
Preparing for the Right to Erasure
The GDPR’s Right to Erasure can seem daunting, but it is also an opportunity for businesses to reinforce their commitment to data privacy. By implementing the right processes and utilising professional data erasure services like Global Wipe, companies can not only comply with GDPR but also enhance their reputation and build trust with customers.
To learn more about our secure data erasure services and ensure your business complies with GDPR, get in touch with us at wipe@vitrx.co.uk.
