General Data Protection Regulation (EU)

The General Data Protection Regulation (2016/679) is here. Article 5 sets out the principles.

This GDPR applies from 25th May 2018 and overrides national law (although in some instances new national law may additionally be brought in).

[Brexit : the GDPR applies in the UK from 25th May 2018 – after Brexit, the GDPR will apply in the UK via the EU (Withdrawal) Bill – see separate Blog post – the EU (Withdrawal) Bill is not yet enacted]

[UK : separately (and not to be confused) a new UK Data Protection Bill is almost enacted – see Explanatory Notes here]

The general data protection regulation (GDPR) is part of the EU data protection reform package.

Features

• a single set of EU-wide rules — it repeals the pre-existing European Directive 95/46/EC;

• a data protection officer, responsible for data protection, must be designated by public authorities and by businesses which process data on a large scale;

• one-stop-shop — businesses will deal with one single supervisory authority (in the EU country in which they are mainly based);

• EU rules for non-EU companies — companies based outside the EU must apply the same rules when offering services or goods, or monitoring the behaviour of individuals, within the EU;

• privacy-friendly techniques must be used, such as pseudonymisation (when identifying fields within a data record are replaced by one or more artificial identifiers) and encryption (when data is coded in such a way that only authorised parties can read it);

• removal of notifications — the new data protection rules will scrap most notification obligations and the costs associated with these, one of the aims of the data protection regulation is to remove obstacles to free flow of personal data within the EU;

• impact assessments — businesses must carry out impact assessments when data processing may result in a high risk for the rights and freedoms of individuals;

• record-keeping — SMEs are not required to keep records of processing activities, unless the processing is regular or likely to result in a risk to the rights and freedoms of the person whose data is being processed.

—-

The UK Information Commissioner’s Office (ICO) has a useful updated guide in English here.

ICO guidance for small organisations is here.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s