The EU General Data Protection Regulation (GDPR) 2018

Aim

The aim of the GDPR is to protect all EU citizens from privacy and data breaches. Below are the key changes to the directive implemented in 1995.

Increased Territorial Scope

GDPR applies to all companies processing the personal data of data subjects residing in the Union, regardless of the company's location.

Penalties

Under GDPR organizations in breach of GDPR can be fined up to 4% of annual global turnover or €20 Million (whichever is greater). There is a tiered approach to fines e.g. a company can be fined 2% for not having their records in order, 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.

Consent

The conditions for consent have been strengthened; request for consent must be given in an intelligible and easily accessible form, with the purpose for data processing attached to that consent, using clear and plain language. It must be as easy to withdraw consent as it is to give it.

Breach Notification

Under the GDPR, breach notification will become mandatory in all member states where a data breach is likely to 'result in a risk for the rights and freedoms of individuals'. This must be done within 72 hours of first having become aware of the breach.

Right to Access

Part of the expanded rights of data subjects outlined by the GDPR is the right for data subjects to obtain from the data controller confirmation as to whether or not personal data concerning them is being processed, where and for what purpose. Further, the controller shall provide a copy of the personal data, free of charge, in an electronic format.

Right to be forgotten

Also known as Data Erasure, the right to be forgotten entitles the data subject to have the data controller erase his / her personal data, cease further dissemination of the data, and potentially have third parties halt processing of the data.

Data Portability

GDPR introduces data portability which is the right for a data subject to receive the personal data concerning them, which they have previously provided in a 'commonly use and machine readable format' and have the right to transmit that data to another controller.

Privacy by Design

The controller shall implement appropriate technical and organisational measures in an effective way in order to meet the requirements of this Regulation and protect the rights of data subjects'. Article 23 calls for controllers to hold and process only the data absolutely necessary for the completion of its duties (data minimisation), as well as limiting the access to personal data to those needing to act out the processing.

For full details of GDPR and how it affects you please refer to: https://www.eugdpr.org/key-changes.html.