What is the GDPR?
The General Data Protection Regulation or GDPR is a new data protection law Europe has enacted that will apply to the whole of the EU and many organisations in other parts of the world. The GDPR is a new general data protection law that is going to make a big splash. It will repeal the data protection laws of all European member states. For example, the UK Data Protection Act will be a thing of the past!
The GDPR sets out a number of requirements for anyone who controls personal data (aka the data controller) to lawfully process personal data. If you do business in Europe or target EU citizens, you will have to comply with these requirements. So, when Europe (the mother of data protection law) makes the biggest change in over 30 years, you have to take note.
GDPR is important because it improves the protection of european data subjects' rights and clarifies what companies that process personal data must do to safeguard these rights.
Why is the GDPR important?
The GDPR raises some critical questions about who has to comply? When will it come into force? What steps will you have to take to comply? What are the penalties for non-compliance? These are all important questions that we answer in our plain language heads up. You can also read the actual GDPR at the European Commission’s website, but our heads up is much easier to read.
GDPR will apply to all members of the EU and EEA from May 25, 2018. It will replace todays legislation regarding privacy in member countries currently subject to the EU Directive 95/46. You find many of the statutes in the GDPR in the current legislation, but the GDPR is more detailed and precise in certain areas, and takes into account the challenges in the rapid evolving digital world, giving rise to privacy risks for data subjects. GDPR is first of all demanding due to its detailed transparency requirements. Any company as well as other bodies that process personal data, is also to a large extent required to document the processing, ensure the lawfulness of processing, document the existence of sufficient procedures, provide information on security measures and to ensure that sufficient data processing agreements are in place. GDPR is important because it improves the protection of european data subjects’ rights and clarifies what companies that process personal data must do to safeguard these rights.
Organisations like us have started by understanding what data we acquire, hold and process and the legal basis for that. Privacy needs to be designed into systems and processes and respect for data subject rights needs to be stepped up. Policies and procedures for handling any security breaches needs to be in place. At its heart, however, data protection is about the same issues – understanding what data you hold and why. Businesses need to review their data protection policies and technology to check they are compliant, and should not be shy of reaching out to their local regulatory body or to a trusted consultant for advice to ensure they get it right. Be proactive and protect the data you hold, encrypt it and always keep up to date with your security solutions. Data breaches occur every day – and the Divyanshu Chavda have just increased the consequences of inadequate privacy.
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