General Data Protection Regulation (GDPR) is legislation that will update and unify data privacy laws across the European Union. GDPR was approved by the EU Parliament on April 14, 2016 and goes into effect on May 25, 2018. GDPR replaces the EU Data Protection Directive of 1995. The new directive focuses on keeping businesses more transparent and expanding the privacy rights of data subjects. When a serious data breach has been detected, the company is required by the General Data Protection Regulation to notify all affected people and the supervising authority within 72 hours. Mandates in the General Data Protection Regulation apply to all data produced by EU citizens, whether or not the company collecting the data in question is located within the EU, as well as all people whose data is stored within the EU, whether or not they are actually EU citizens. Under GDPR, companies may not legally process any person's personally identifiable information without meeting at least one of six conditions. - Express consent of the data subject.
- Processing is necessary for the performance of a contract with the data subject or to take steps to enter into a contract.
- Processing is necessary for compliance with a legal obligation.
- Processing is necessary to protect the vital interests of a data subject or another person.
- Processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
- Processing is necessary for the purposes of legitimate interests pursued by the controller or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject.
In addition, companies that conduct data processing or monitor data subjects on a large scale must appoint a data protection officer (DPO). The DPO is the figurehead responsible for data governance and ensuring the company complies with GDRP. If a company does not comply with the GDPR when it becomes effective, legal consequences can include fines of up to 20 million euros or 4 percent of annual global turnover. Read more... |
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