Introduction
The General Data Protection Regulation (GDPR) is a regulation by which the European Union (EU) regulates how personal data is processed and protected. The GDPR was adopted in 2016 to strengthen and unify data protection laws throughout the EU, making it more difficult for organizations to collect or use people’s personal data without their consent. The GDPR will apply from 25 May 2018, but many organizations are not yet ready for it.
Here are some key things you need to know about the new regulations:
GDPR
GDPR stands for General Data Protection Regulation. The GDPR is a regulation of the European Union that replaces the Data Protection Directive 95/46/EC. The GDPR applies to all companies that process the personal data of individuals located in the EU, regardless of the company’s location.
The GDPR will apply from May 25th 2018 and will replace current data protection legislation in Europe, which was put into force back in 1995. This means that any organisation that holds or processes personal information about people based within the EU must ensure they are compliant with this new regulation by May next year; failure to do so could result in large fines as well as reputational damage and loss of customer trust.
Overview of Data Controller and Data Processor Responsibilities
You are a data controller if you determine the purposes and means of processing personal data. You may be a data processor if you process personal data for someone else’s purposes, but this doesn’t mean that you’re removed from responsibility for compliance with GDPR. In fact, both the controller and processor are responsible for compliance with GDPR—this is because controllers and processors must both take steps to ensure appropriate measures are taken in relation to their own processing activities.
What You Need to Know From a Legal Perspective
GDPR is a regulation of the European Union (EU). It replaces the Data Protection Directive 95/46/EC. The GDPR will apply to all companies processing the personal data of people in the EU, regardless of where that business is based. In other words, if your company processes any personal data from an EU citizen, you’ll need to comply with GDPR regulations.
How You Need to Deal With Personal Data Breaches
You must immediately notify the supervisory authority of any personal data breach that is likely to result in a risk to the rights and freedoms of individuals. The notification shall describe the nature of the personal data breach, including where possible its effects on affected data subjects, and shall contain all relevant information necessary for technical analysis by the supervisory authority.
You also need to notify affected data subjects about the breach without undue delay (unless doing so would compromise lawful activities), but no later than within 72 hours after becoming aware of it – unless this period ends before you have become aware of it. You should invite them to contact you directly if they have any questions about their personal information being accessed.
The new regulation provides rules relating to the portability of personal data.
The GDPR provides rules which govern the use of personal data. Under the new regulation, individuals have a right to request that their personal data be provided to them in a structured, commonly used and machine-readable format. In addition, they also have the right to be provided with all of their personal data that is held by a controller or processor (i.e., an organization) in one such format on request and free of charge.
The right to data portability allows individuals to obtain and reuse their personal data for their own purposes across different services or devices; this means that if you want your contacts list from Gmail transferred over into Outlook so you can share it between both platforms, then you can do so without hassle—as long as it complies with the other provisions laid out in Article 20(1)(a).
How can you prepare for the requirements of Article 32?
Article 32 of the GDPR requires that “personal data shall be processed in a manner that ensures appropriate security of the personal data, including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage.”
How can you prepare for this requirement?
The right to erasure is an important right that you should be aware of when processing personal data in your organization. Section 17 of the GDPR gives individuals the right to have their personal data erased and no longer processed. This section also provides details on how long a business must retain records and what steps need to be taken by organizations before they can erase personal data from their systems or databases.
It is not always clear what constitutes “a high risk” or a risk to the rights and freedoms of natural persons. While risk is often understood as a type of danger, it can also be used to describe something that could happen in the future. For example, if you had a high school reunion planned for next year and there was no set date yet, you might say that it’s only a ‘low-risk’ event because there are many things that could go wrong before then (for example: someone getting sick or injured). So this kind of ‘low-risk’ event would not need special attention under GDPR; however, if you were planning on moving out of state in six months and needed help finding new housing options beforehand—that would likely be considered an ‘high-risk’ situation because it would require careful planning and execution over time.
The data controller must have a record of all processing activities under its responsibility. What is a record of processing activity?
A record of processing activities is a list of all the processing activities under your responsibility. The purpose of keeping this record is to provide evidence that you have implemented GDPR-compliant privacy policies, consent mechanisms, and other procedures for ensuring compliance with GDPR.
This record should include:
- The legal basis for each type of data processing activity (for example: legitimate interests or performance of contract)
- A description of each type of personal data processed and how long it will be retained (for example: name and email address)
GDPR is an acronym for the General Data Protection Regulation.
GDPR is an acronym for the General Data Protection Regulation.
GDPR is a regulation that applies to all EU member states, as well as any other country that has implemented it. It came into force on 25 May 2018, replacing the Data Protection Directive 95/46/EC and increasing privacy rights for citizens of those countries. GDPR will be applicable in any country that has implemented it (like you!).
Conclusion
It’s not always clear what constitutes ‘a high risk’ or a risk to the rights and freedoms of natural persons. What is meant by risk? The data controller must have a record of all processing activities under its responsibility. What is a record of processing activity?