The General Data Protection Regulation (GDPR)
General Informations
Since May 25, 2018, important changes will be made to the legislation on personal data protection in Europe with the entry into force of Regulation (EU) 679/2016, known as the General Regulation on the Protection of Personal Data. Specialists say we are even witnessing a real revolution in the field, considering the magnitude that changes in legislation will affect the good business of small and large businesses in Europe and beyond.
What GDPR is?
In a simple search on the internet, we will find many references to an act simply called "GDPR" (General Data Protection Regulation), adopted by the European Parliament in April 2016. Unlike the directives we have used in the past, need national laws to transpose the provisions into the legislation of each EU state and come into force directly, without any formality, in all EU Member States.
WHEN GDPR INSIDE?
According to its text, entry into force was set for May 25, 2018, approximately two years after publication, precisely to allow companies to draw and implement their own compliance framework to the provisions of the Regulation. In other words, companies will have to resolve their GDPR issues before their entry into force, because after that date they will be subject to significant sanctions for non-compliance.
DO APPLY GDPR TO MY COMPANY?
Usually, the answer is "YES". In most cases, companies process, in one form or another, personal data whether they do this on their own behalf or do it in the interest of other companies. The concept of personal data is so wide that it is almost impossible for an entity not to process such data. Whether we are talking about employee data processing, customer data for marketing purposes, or sensitive customer data (health data, fiscal or judicial records, etc.), all these situations turn the company into a GDPR subject.
Even more interesting, it should be noted that GDPR applies not only to companies based in the European Union, but also to companies based in other countries of the world, insofar as they process personal data of persons in the European Union. In other words, if a large non-EU retailer sells online and delivers goods to people in the EU, then that company is bound to meet the conditions imposed by the GDPR.
WHAT ARE THE MAIN 5 OBLIGATIONS IMPLIED BY GDPR TO MY COMPANY?
This is an issue that we will discuss in more detail in the next post.
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