Gurock Software GmbH (“Gurock”) is committed to complying with the General Data Protection Regulation (“GDPR”), which went into effect on May 25, 2018. The GDPR regulation contains the most significant changes to European data privacy legislation in the last 20 years. It is designed to give European Union (“EU”) citizens more control over their data and seeks to unify a number of existing privacy and security laws under one comprehensive law. The GDPR applies to all companies that do business with EU citizens or process data of EU citizens regardless of the location of the company that is processing such data. To that end, the GDPR applies to Gurock.
Our customers can trust that Gurock has made GDPR a priority and has devoted significant and strategic resources toward our efforts to comply with GDPR. Gurock appreciates that its customers have requirements under the GDPR, which are directly impacted by their use of Gurock’s products and services, and Gurock is committed to helping its customers fulfill their requirements under the GDPR and local law.
Gurock will keep you informed through its website about its compliance with the GDPR requirements; however, should you have any questions or concerns, please do not hesitate to contact our legal department at [email protected].
Gurock Software GmbH (the “Company”) prepared this document to help you clarify some common misconceptions around the General Data Protection Regulation (“GDPR”). The Company recognizes the importance of the evolving legal and regulatory landscape around information security and data privacy and remains firmly committed to GDPR readiness.
Does my data need to be stored in Europe?
No. The GDPR does not contain any obligation to store information in Europe. However, transfers of European personal data outside the European Economic Area (EEA) generally require that a valid transfer mechanism be in place to protect the data once it leaves the EEA. The GDPR does not invalidate or override the EU Model Clauses or the EU-U.S. and Swiss-U.S. Privacy Shield Framework, which are both legally valid mechanisms to ensure the legal transfer of personal data into and out of the EEA. The Company ensures that its customers can comply by offering its customers a data processing agreement (“DPA”) that incorporates the Model Clauses as approved by the European Commission.
What is a DPA or Data Processing Agreement?
The DPA is an agreement that will govern the processing of personal data that the customer uploads or otherwise provides to Gurock in connection with the services and the processing of any personal data that Gurock uploads or otherwise provides to customers in connection with the services. The DPA is incorporated into the main Agreement that the customer has in place with Gurock. Gurock will process personal data in accordance with its obligations pursuant to the Gurock DPA.
Is it required for me as a customer of Gurock to have a DPA with Gurock?
If you have determined that you qualify as a data controller under the GDPR (please see the definition of data controller and data processor below), and need a data processing agreement in place with vendors that process personal data on your behalf, we want to help make things easy for you. Our GDPR compliant DPA is available and ready for your agreement (by electronic acceptance within the TestRail application). By agreeing to enter into our DPA you are ensuring that adequate safeguards are in place with respect to the protection of such personal data as required by EU Data Protection Laws.
What happens if I don’t have a current agreement with Gurock?
The DPA is an addendum to and is incorporated by reference into the main Agreement between Gurock and its customers. The customer entity signing the DPA must be the same as the customer entity party to the main Agreement. If the customer entity signing the Gurock DPA is not a party to the main Agreement directly with Gurock, but is instead a customer indirectly of Gurock services, this DPA is not valid and is not legally binding. Such entity should contact the authorized Gurock customer to discuss whether any amendment to its agreement with such Gurock customer may be required.
Does the GDPR apply to companies that are established outside the European Union?
Yes. The GDPR applies to all companies regardless of where it is located to the extent the company process personal data in the context of (A) offering goods and services (whether paid or not) to people in the EEA; or (B) monitoring the behavior of people in the EEA, for example by placing cookies on the devices of EEA individuals.
Is it required to have consent from individuals to process their personal data?
Consent is only one of the legal bases a company can use for the processing of personal data. For example, the company can process personal data (A) when necessary for the performance of a contract to which the data subject (the individual whose data is processed) is a party; (B) when there is a legal obligation to do so (such as the submission of employee data to a tax authority); and (C) sometimes even on the basis of legitimate interests, such as commercial and marketing goals. The legitimate interest must, however, outweigh any detriment to the privacy of the data subject.
What is the difference between “data controller” and “data processor”?
Data Controller is the owner of their information and decides how that information should be used (e.g. Gurock customer). Data Processor is an entity that processes the personal data of the Data Controller and carries out instructions of the Data Controller with regard to this data (e.g. Gurock). Formal definitions from the GDPR full text may be found here.
What sub-processors does Gurock use?
Gurock uses these sub-processors:
Amazon Web Services (AWS)
Rackspace US, Inc.
Virtual Subsidiary Ltd.
Does the GDPR require encryption of all personal data?
No. The GDPR does not mandate specific security measures. Instead, the GDPR requires organizations to take technical and organizational security measures, which are appropriate to the risks presented. Encryption at rest and pseudonymization may be appropriate depending on the circumstances, but they are not mandated by the GDPR in every instance. The following are kinds of security actions considered “appropriate to the risk” (1) the pseudonymization and encryption of personal data (as mentioned); (2) the ability to ensure the ongoing confidentiality, integrity, availability, and resilience of processing systems and services; (3) the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident; and (4) a process for regularly testing, assessing, and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing.
NOTE: The above information is provided by the Company for informational purposes only and is not intended to serve as legal advice. You should contact your attorney to obtain advice with respect to any particular GDPR question, issue or problem.