At HERE Technologies, we welcome the GDPR as an opportunity to strengthen our commitment to data protection and privacy. Since the application of GDPR to a global business can be quite complex, we have provided answers to some common questions below:
Is HERE compliant with GDPR?
HERE has implemented the required policies, processes and procedures to comply with the GDPR. As a controller and processor of personal data, HERE builds its success on the trust its customers, partners, employees and other stakeholders place in our ability to provide premier location products and services. This includes ensuring a high level of protection and security regarding the personal data that is entrusted to us.
Has HERE complied with ‘the letter of the law’ or the ‘spirit of the law’?
Has HERE implemented GDPR only in Europe or globally?
Data privacy is a global issue, hence HERE has applied the EU requirements for GDPR to our organization’s approach to data protection and privacy worldwide, unless otherwise required by applicable local law.
How is HERE accountable for ensuring fair and lawful practices in the collection and processing of personal data?
HERE collects and processes data honestly, ethically, with integrity and in a manner that is always consistent with applicable laws and our values. We maintain evidence of compliance, so we can demonstrate our commitment to these principles to competent data protection supervisory authorities and regulators.
How does HERE reassure customers that their privacy is protected?
HERE follows a “privacy by design and by default” methodology, making privacy a key consideration in the creation, delivery and support of our products and services. This also means that our default approach to collection and use of personal data is to focus on transparency, choice and individual participation.
How does HERE ensure that data is only used for the purpose it was intended?
At HERE, we abide by the principle of collection and purpose limitation, meaning that we only collect and process personal data that is adequate and relevant to the specified, explicit and legitimate purposes for which it was collected. We apply responsible data management practices to govern the processing of personal data. We classify and catalogue information accordingly and in a systematic, holistic manner. We take measures to avoid extracting or copying personal data to unmanaged environments.
What is HERE’s policy on disclosure to authorities or third parties?
HERE does not disclose personal data to law enforcement, or governmental agencies unless required by law. We limit disclosures of personal data to our partners and any other third parties to what is described in our privacy notices, or to what has been authorized by our customers or end users.
What safeguards does HERE have in place to protect personal data?
HERE implements appropriate security safeguards, including technical and organizational measures, to protect personal data against unauthorized access, use, modification or loss. We also require our partners to apply appropriate security and privacy safeguards. HERE maintains an ISO 27001:2013 certification as proof of its commitment to ensuring the security of the data it collects and maintains.
Under GDPR, is HERE considered a data controller and/or a data processor and what are the implications?
HERE can be either a controller or a processor, depending on the product or service concerned. Where HERE acts as a controller, we will only process personal data for the limited purposes as described in our privacy policies or relevant notices or consents. Depending on the product or service concerned, HERE either establishes its legal basis for processing personal data as a controller independently, or we flow this requirement down to our customers through a requirement to provide our applicable terms to relevant data subjects. If HERE is a processor, we only process the data on the instructions of the relevant controller (i.e. the customer), or as required by law. As a processor, we are legally required to enter into data processing agreements with our customers and we have created agreements for all cases where this is required.
How does HERE ensure GDPR compliance on data that travels outside Europe?
HERE develops global products and services and so it makes sense that we apply the highest common denominator (i.e., the GDPR) when it comes to standards. International data transfers from the EU to 3rd countries that have not been deemed to provide an adequate level of data protection by the European Commission are protected through standard contractual clauses or other approved transfer mechanisms. Internally, HERE has implemented standard contractual clauses between each of its legal entities to ensure that all data transfers within the HERE organization are conducted pursuant to a legally sufficient transfer mechanism.
How will HERE secure valid consent in future and how does this differ from past practice?
Securing valid consent has been changed to an affirmative action as required by the GDPR. Where HERE processes personal data based on consent, all ‘opt-out’ consents have been changed to ‘opt-in’. Where required, HERE workflows and technical implementations have been changed accordingly.
What has HERE done to ensure partners comply with the GDPR regulations?
In general, HERE does not share personal data with third parties except to assist HERE in providing services, or to comply with relevant laws. Where HERE engages data processors, HERE has included relevant safeguards into its contracts. HERE also conducts diligence in the vendor selection phase to ensure its data processors provide sufficient privacy and security protections. HERE monitors compliance of its vendors on an ongoing basis e.g. by conducting relevant audits or compliance evaluations.
What does HERE do to understand the privacy concerns of citizens?
This year HERE Technologies commissioned an international study about people’s attitudes towards location data sharing. The results show that people have serious concerns over how their location data is collected and used by apps and service providers, and while this is already problematic today, we believe this raises even more challenges down the road as new services requiring ever faster communication emerge. What our study reinforces is the idea that companies and organizations must devise new ways to increase transparency and boost controls for consumers to manage their data – this is important for the public to accept and embrace important new technologies. And this is why HERE has embraced the GDPR as part of its corporate DNA going forward.