You may have come across news and information relating to upcoming significant shifts in all things ‘Data Protection’ over recent weeks and months.
The General Data Protection Regulation (GDPR) will come into effect on 25th May 2018 replacing our current Data Protection Act and the way we deal with the protection of a person’s information.
Who does the GDPR affect?
The GDPR not only applies to organisations located within the EU but it will also apply to organisations located outside of the EU if they offer goods or services to, or monitor the behaviour of, EU data subjects. It applies to all companies processing and holding the personal data of data subjects residing in the European Union, regardless of the company’s location.
What we are doing?
Here at Laton Technical we take the protection of your data very seriously and aim to achieve compliance with the new rules by the deadline. We are driving the necessary IT developments in-house while receiving support in understanding how the new rules apply to us from our Compliance Consultant, Nicole Barrett.
Why should you bother?
The new rules are severely changing the rights people have over their information. This affects directly the way you employ staff, deal with sub-contractors like us and manage the information you hold from your customers. It affects you from start to finish including the information you already have! GDPR is not a one-off problem that will go away. GDPR and all that comes with it, is here to stay regardless of Brexit.
What are the penalties for non-compliance?
Organisations can be fined up to 4% of annual global turnover for breaching GDPR or €20 Million. This is the maximum fine that can be imposed for the most serious infringements e.g. Not having sufficient customer consent to process data or violating the core of Privacy by Design concepts. There is a tiered approach to fines e.g. a company can be fined 2% for not having their records in order (article 28), not notifying the supervising authority and data subject about a breach or not conducting impact assessment. It is important to note that these rules apply to both controllers and processors — meaning ‘clouds’ will not be exempt from GDPR enforcement.
What constitutes personal data?
Any information related to a natural person or ‘Data Subject’, that can be used to directly or indirectly identify the person. It can be anything from a name, a photo, an email address, bank details, posts on social networking websites, medical information, or a computer IP address.
What is the difference between a data processor and a data controller?
A controller is the entity that determines the purposes, conditions and means of the processing of personal data, while the processor is an entity which processes personal data on behalf of the controller.
Do data processors need ‘explicit’ or ‘unambiguous’ data subject consent – and what is the difference?
The conditions for consent have been strengthened, as companies will no longer be able to utilise long illegible terms and conditions full of legalese, as the request for consent must be given in an intelligible and easily accessible form, with the purpose for data processing attached to that consent – meaning it must be unambiguous. Consent must be clear and distinguishable from other matters and provided in an intelligible and easily accessible form, using clear and plain language. It must be as easy to withdraw consent as it is to give it. Explicit consent is required only for processing sensitive personal data – in this context, nothing short of “opt in” will suffice. However, for non-sensitive data, “unambiguous” consent will suffice.
What about Data Subjects under the age of 16?
Parental consent will be required to process the personal data of children under the age of 16 for online services; member states may legislate for a lower age of consent but this will not be below the age of 13.
What is the difference between a regulation and a directive?
A regulation is a binding legislative act. It must be applied in its entirety across the EU, while a directive is a legislative act that sets out a goal that all EU countries must achieve. However, it is up to the individual countries to decide how. It is important to note that the GDPR is a regulation, in contrast the previous legislation, which is a directive.
Does my business need to appoint a Data Protection Officer (DPO)?
DPO’s must be appointed in the case of: (a) public authorities, (b) organisations that engage in large scale systematic monitoring, or (c) organisations that engage in large scale processing of sensitive personal data (Act. 37). If your organisation doesn’t fall into one of these categories, then you do not need to appoint a DPO.
Laton Technical are here to support you with the tweaks and changes you need for your GDPR journey over the coming months and years. Please get in touch with our GDPR Compliance Consultant for additional support and guidance or contact our team here at Laton if you want to discuss your requirements, 01424 422562 or email us firstname.lastname@example.org and a member of our team will call you to discuss your needs. If you do call our consultant directly, please inform her where you got her details.
GDPR Consultant details,
Call: 07734 453 031