Data Privacy Compliance Checklist (GDPR, CCPA)
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Data Discovery & Inventory
Identify all personal data collected, processed, and stored by the real estate business. This includes data from websites, lead generation forms, property management systems, client portals, etc.
Describe the types of personal data collected on your website (e.g., name, email, phone number, address, financial information).
List all lead generation forms and identify the personal data collected by each.
Which data categories are collected? (Select all that apply)
Approximate number of leads/contacts stored in your CRM/database.
Upload a data map outlining data flows (where data originates, where it’s stored, and how it’s processed).
Which Property Management Software (PMS) is used? (If applicable)
Describe any data stored in physical files (e.g., paper leases, client records).
Date of last data inventory review.
Legal Basis & Consent
Determine the legal basis (e.g., consent, legitimate interest, contract) for processing personal data under GDPR and CCPA. Ensure valid consent is obtained where required.
Primary Legal Basis for Data Processing (GDPR)
Data Processing Activities Requiring Consent (GDPR)
Method of Consent Acquisition
If 'Other' consent method was selected, describe the process.
Date Consent Was Last Obtained/Updated (for major changes)
Describe the consent recordkeeping process. How is proof of consent documented?
CCPA - Do you offer a clear 'Do Not Sell' option?
Describe how you ensure consent is freely given and informed.
Privacy Policy & Notices
Develop and maintain clear, concise, and easily accessible privacy policies and notices explaining data collection, use, and sharing practices. Ensure they comply with GDPR and CCPA requirements.
Draft Introduction to Privacy Policy
Describe Types of Data Collected (e.g., contact info, financial data, browsing history)
Legal Basis for Data Collection (GDPR)
Describe Data Sharing Practices with Third Parties
Specify Third-Party Service Providers Mentioned in the Policy
Explain Data Retention Periods
CCPA: Do Not Sell/Share Opt-Out Instructions Included?
Contact Information for Privacy Inquiries
Data Subject Rights (GDPR)
Implement procedures to handle data subject requests under GDPR, including rights to access, rectification, erasure, restriction of processing, data portability, and objection.
Date of Access Request Received
Description of Access Request
Date of Rectification Request Received
Description of Rectification Request
Date of Erasure Request Received
Description of Erasure Request
Date of Restriction Request Received
Description of Restriction Request
Date of Data Portability Request Received
Description of Data Portability Request
Consumer Rights (CCPA)
Implement procedures to address consumer rights under CCPA, including the right to know, right to delete, right to opt-out of sale/sharing, and right to correct inaccurate information.
Consumer Request Received Date
Consumer Request Details (Specific request, e.g., right to know, right to delete)
Request Type (Right to Know, Right to Delete, Right to Correct, Right to Opt-Out of Sale/Sharing)
Number of Data Points Returned (for Right to Know)
Date Data Was Deleted/Corrected (for Right to Delete/Correct)
Verification Method Used (e.g., Email, Phone, Security Questions)
Notes/Comments (e.g., Verification issues, Special circumstances)
Date of Consumer Verification Completion
Request Status (Pending, Verified, Completed, Rejected)
Data Security & Breach Response
Implement appropriate technical and organizational security measures to protect personal data. Establish a data breach response plan, including notification procedures.
Encryption Strength (Key Length in Bits)
Security Controls Implemented (Select all that apply)
Summary of Data Security Incident Response Plan
Last Security Risk Assessment Date
Data Breach Notification Process: Who is responsible?
Number of Employees Trained on Data Security Best Practices (and training frequency)
Upload: Copy of Incident Response Plan Document
Describe employee training provided, including content and frequency
Method for Secure Data Deletion
Third-Party Vendor Management
Assess and manage the data privacy practices of third-party vendors (e.g., marketing platforms, property management software, data analytics providers).
Vendor Data Processing Agreement (DPA) in Place?
What data categories does the vendor process on your behalf?
If 'Other' selected above, please specify data categories.
Has vendor been assessed for GDPR/CCPA compliance?
Upload Vendor Assessment Documentation (e.g., SOC 2 report, Privacy Addendum)
Number of Vendors Requiring Review
Date of Last Vendor Review
Lead Generation & Marketing
Review marketing practices to ensure compliance with GDPR and CCPA regulations regarding consent, profiling, and targeted advertising.
Do you obtain explicit consent for marketing communications?
Which marketing channels do you use for lead generation?
Describe your process for obtaining consent from leads (e.g., checkboxes, double opt-in).
Do you provide a clear and accessible opt-out mechanism on your website and in marketing emails?
Date of last review of marketing consent mechanisms.
Specify the wording used in consent checkboxes for marketing communications (copy and paste).
Do you conduct Data Privacy Impact Assessments (DPIAs) for marketing campaigns involving special categories of data (e.g., financial information)?
Property Management (if applicable)
Address data privacy considerations specific to property management activities, including tenant data, maintenance requests, and lease agreements.
Do you use a dedicated Property Management System (PMS)?
Describe the data collected from tenants (e.g., contact information, financial data, lease agreements).
How is tenant consent obtained for marketing communications?
Which types of data are shared with third-party vendors (e.g., background check services, maintenance providers)?
Date of last review of tenant privacy notices.
Summarize the procedures for responding to tenant data subject requests (GDPR) and consumer rights requests (CCPA).
Are maintenance requests stored electronically? If so, how is the data secured?
Upload copy of tenant privacy notice.
Employee Data & HR
Ensure compliance with data privacy laws regarding employee personal data, including recruitment, payroll, and performance management.
Is a Data Privacy Impact Assessment (DPIA) conducted for HR processes?
Summarize the HR team's training on data privacy and security.
Approximate number of employees whose personal data is processed by HR.
What types of employee data are collected and processed (select all that apply)?
Is employee consent obtained for data processing beyond what is strictly necessary for employment?
Date of last employee data privacy training.
Describe the process for handling employee requests regarding their personal data (access, rectification, deletion).
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