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[GDPR]General Data Protection Regulation | European Union | Introduction

Have you noticed that everyone is updating their policies before 25 May? Why?What is General Data Protection Regulation and why it is important?
The General Data Protection Regulation (GDPR) (EU) 2016/679 will be effective from 25 May 2018(after four years of preparation and debate the GDPR was finally approved by the EU Parliament on 14 April 2016). It is a regulation in EU law on data protection and privacy for all individuals within the European Union. It also addresses the export of personal data outside the EU. The GDPR aims primarily to give control to citizens and residents over their personal data and to simplify the regulatory environment for international business by unifying the regulation within the EU.



The EU General Data Protection Regulation (GDPR) replaces the Data Protection Directive 95/46/EC and was designed to harmonize data privacy laws across Europe, to protect and empower all EU citizens data privacy and to reshape the way organizations across the region approach data privacy.

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.

Penalties for Non-Compliance

Organizations 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.

Personal Data Means

The GDPR applies to ‘personal data’ meaning any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier. This definition provides for a wide range of personal identifiers to constitute personal data, including name, identification number, location data or online identifier, reflecting changes in technology and the way organisations collect information about people.

Difference between a Data Processor and a Data Controller

There are two different types of data-handlers the legislation applies to: 'processors' and 'controllers'. The definitions of each are laid out in Article 4 of the General Data Protection Regulation.

A controller is "person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of processing of personal data", while the processor is "person, public authority, agency or other body which processes personal data on behalf of the controller".

GDPR ultimately places legal obligations on a processor to maintain records of personal data and how it is processed, providing a much higher level of legal liability should the organisation be breached.

Controllers will also be forced to ensure that all contracts with processors are in compliance with GDPR.

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.

GDPR affect policy surrounding data breaches

Proposed regulations surrounding data breaches primarily relate to the notification policies of companies that have been breached. Data breaches which may pose a risk to individuals must be notified to the DPA within 72 hours and to affected individuals without undue delay.

Reference- https://en.wikipedia.org/wiki/General_Data_Protection_Regulation