Compliance Review
Purpose
Assess proposed features and data flows against applicable privacy regulations, identify compliance gaps, and produce actionable remediation plans.
Inputs
- Feature description or proposal being analyzed
- Data elements collected, processed, or stored
- User-facing consent flows and privacy notices
- Third-party integrations and data sharing arrangements
- Target jurisdictions and applicable regulations
Process
Step 1: Identify Applicable Regulations
Determine which regulatory frameworks apply based on user base, data types, and jurisdictions. Map each regulation to its key obligations:
- GDPR (EU/EEA): Lawful basis, consent, right to access/erasure/portability, DPIAs, breach notification
- CCPA/CPRA (California): Right to know, right to delete, right to opt-out, data sale restrictions
- HIPAA (US health): PHI safeguards, minimum necessary standard, BAAs
- SOC2: Security, availability, processing integrity, confidentiality, privacy trust principles
- PCI-DSS: Cardholder data protection, network segmentation, access controls
Step 2: Map Data Flows for PII
Trace every data element through its lifecycle. For each element, document:
- Collection point: Where and how is it gathered? (form, API, third-party sync)
- Lawful basis: What legal ground justifies processing? (consent, contract, legitimate interest)
- Storage location: Where does it live? (database, cache, logs, backups, third-party)
- Processing purposes: What is it used for? (core feature, analytics, marketing, ML training)
- Sharing: Who else receives it? (sub-processors, analytics vendors, ad networks)
- Retention: How long is it kept? (active use, archival, legal hold)
Step 3: Assess Consent Mechanisms
Evaluate whether consent collection meets regulatory standards:
- Is consent freely given, specific, informed, and unambiguous?
- Are consent purposes granular (not bundled)?
- Can users withdraw consent as easily as they gave it?
- Is consent recorded with timestamp, version, and scope?
- Are pre-checked boxes or dark patterns avoided?
- Is there a mechanism for parental consent if minors are in scope?
Step 4: Evaluate Data Retention Policies
For each data category, assess:
- Is there a defined retention period with documented justification?
- Does the retention period align with the lawful basis? (consent-based data must be deletable)
- Are automated deletion/anonymization processes in place?
- Do backups respect retention limits, or do they create shadow copies?
- Are legal hold requirements accounted for without overriding general deletion?
Step 5: Check Right-to-Deletion Compliance
Verify that data subject rights are technically implementable:
- Can all PII for a given user be located across all systems?
- Does deletion cascade to backups, caches, logs, and third-party systems?
- Is soft-delete distinguished from hard-delete, and is hard-delete available?
- Can deletion be completed within regulatory timeframes (e.g., 30 days for GDPR)?
- Are there documented exceptions (legal obligations, legitimate interest overrides)?
Step 6: Design Audit Trail Requirements
Specify what must be logged for compliance evidence:
- Consent events (granted, modified, withdrawn) with full context
- Data access events (who accessed what PII, when, for what purpose)
- Deletion/anonymization events (request received, processing, confirmation)
- Breach-related events (detection, assessment, notification timeline)
- Policy changes (consent text updates, retention policy modifications)
Output Format
Regulatory Applicability Matrix
| Regulation | Applies? | Key Obligations | Current Status |
|---|---|---|---|
| GDPR | Yes/No/Partial | [Obligations] | Compliant / Gap / Unknown |
| CCPA | Yes/No/Partial | [Obligations] | Compliant / Gap / Unknown |
| ... | ... | ... | ... |
Data Flow Map
[User] → [Collection Point] → [Processing Service] → [Data Store]
↓
[Third-Party / Sub-processor]
PII Elements: [list]
Lawful Basis: [basis per element]
Retention: [period per element]
Compliance Gap Analysis
| Area | Requirement | Current State | Gap | Severity | Remediation |
|---|---|---|---|---|---|
| Consent | Granular opt-in | Bundled consent | Non-compliant | Mandatory | Split consent by purpose |
| Retention | Defined periods | No expiry set | Non-compliant | Mandatory | Implement TTL per data category |
| ... | ... | ... | ... | ... | ... |
Severity Key
- Mandatory: Regulatory requirement — must fix before launch or risk enforcement action
- Strongly Recommended: Best practice that significantly reduces risk — fix in current sprint
- Advisory: Improvement that strengthens posture — schedule for next iteration
Quality Checks
- All applicable regulations are identified with specific articles/sections referenced
- Every PII element has a documented lawful basis for processing
- Consent mechanisms meet the "freely given, specific, informed, unambiguous" standard
- Data retention periods are defined and justified for every data category
- Right-to-deletion path covers all storage locations including backups and caches
- Third-party data sharing is documented with DPA/contractual coverage
- Audit trail requirements cover consent, access, deletion, and breach events
- Gap analysis includes specific, actionable remediation for every finding