GDPR- The General Data Protection Regulation is now effective from May 2018 which has been underway since 2012.
So, if you possess or work for an organization/individual who is in the European Union then you should know the rules and regulations about the new EU General Data Protection Regulation (GDPR).
Before going ahead to the GDPR Principals, let’s check
What is GDPR?
The General Data Protection Regulation is a new European Union (EU) regulation for Data protection. The main focus of this law is – Improving and monitoring the personal data operations nowadays.
The Regulation is effective from 25th of May 2018 and it will replace the current European Data Protection Directive.
This regulation of EU will have extensive consequences for how organizations/individuals obtain, store and use personal data, and they come into full effect this May 2018 which will completely change the way of operating data.
Here created a confusion on the term – “Personal Data”. Let me share my views with you on-
What is Personal Data?
The idea of ‘Personal data’ is very widely explained. In general, it is usually a mode of information that connects to an individual’s secure data like ID numbers, IP addresses, any physical or mental information etc.
Personal data nowadays covers a broad range of information counting photos, bank details, social media names and posts, medical information and many more. Therefore, any information which any users wish to keep a secret information/data is Personal Data.
Who does GDPR apply to?
To all organization that regulates, stores, or communicate any EU personal resident data they need to follow GDPR. However, this is mandatory for all data controller and data processors.
Now, what are Data processors and Data controllers?
Both compliment each other. The controller operates how personal data is processed and processor helps for the same but both have an impact under GDPR.
The GDPR is by European Union. Finally, it is not only for EU based companies but also relates to the organization that is outside of EU but provide services to their citizens or organizations. Any organization that breaches the regulation, will find their annual global turnover or up to €20 million. That’s too high to pay. Also, regular breaches and operations will lead to higher fines up to €40 million.
The National Data protection authorities in all jurisdictions will enforce GDPR. These authorities can privately sue any organization who is guilty of leaking personal data. Finally, the organization will larger employee size can appoint a Data Protection officer who will closely monitor all Data activities.
What business included in GDPR?
All areas of a business that acquire personal data, for example, HR, IT, sales, marketing, customer services, Banking, finance or legal including private and public sectors. Therefore, personal data under GDPR also needs to be properly managed by all organizations.
Under GDPR regulation, All organizations all bind to provide every EU individual with a clear and transparent set of information about their personal data and its operations as follows-
- The right to be informed.
- A right of access.
- Rectification right.
- The right to erasure.
- Restrict processing right.
- Data portability right.
- The right to object.
- Rights in relation to automated decision making and profiling.
Now, we know all facts of The General Protection Regulation, Let me put more light ahead on-
10 things you should know about GDPR
1. For all organizations serving in EU
Most of the companies or vendors who are serving in EU regards to personal data comes under the GDPR category and might not think that GDPR will not impact them. Irrespective of any location you are bind to follow this regulation act.
You must be a GDPR complaint to serve your goods and services to European Union (EU).
2. Specific GDPR Regulation for Controller and Processors
A controller is a person, public authority, any company that decides the processing of Personal data of EU have to strictly follow GDPR compliances.
A processor helps in the processing of that personal data on the count of the controller. There will be legal obligations for a processor to have all records of personal data in order to improve the security.
3. Appointing a Data Protection Officer
A person who will monitor all activities of Data processing keeping GDPR in mind. DPO will follow necessary protocols and helps the vendor to easily and comfortably work with EU.
4. “Personal Data” views will change
Anyone in a simple language will think personal data is something like Income information, ID number, Bank details and many more. Therefore, this type of personal data should be protected and carefully handled.
But, in GDPR personal data, in particular, will deal with any information which is social, cultural, genetic, economic and more will be covered under this regulation.
5. GDPR Compliance regulation date
The GDPR is effective from this May 25, 2018, so, all organizations must check and get ready for a complete change in the industry of Data processing.
6. Consequences for Non-Compliance
Those under compliance with GDPR and have not followed the deadline will have to put in the fine which may be even higher than we can think.
This fines will vary depending on the kind of breach and will be charged accordingly. With this, we need to make sure to only use GDPR complaint means of communication for handling and processing data.
7. Personal Data collection must be clear
We need to make every operation of Data collection transparent to individuals that we are collecting their personal data and there needs to be a clear information provided for the same. Ensure all GDPR complaints about personal data.
8. Within 72 hour reporting of Data Breach
If there is a Data Breach of any privacy and comes under GDPR compliance then it must be reported under 72 hours from the time of breach detection. If there is a delay in addressing, then again there is a fine separately for it.
9. Risks to victims
The organizations should immediately contact the concerned individual whose data is leaked or breached. Under GDPR it’s not appropriate or “enough” to release the news of a breach via any social media or other means.
10. GDPR Compliance rules are different
The regulation under GDPR are different for each category of organization and compliance will vary accordingly. You can follow GDPR checklist and get the more details.
Steps as a vendor to comply with GDPR
To prepare for GDPR, organizations can use these step process:
1. Understand the law
Checking every GDPR notes of collecting, processing and storing data, with all legislation special category.
2. Create a roadmap
Always create a plan for everything you do and keep them documented.
3. Classify your Data
Checking if Data is coming under GDPR, if yes then taking effective measures for same.
4. Start with Top priority
Risk assessment for all Data is necessary and applying security measures to data containing core assets.
5. Begin with critical data and procedures
Always check which Data processing needs more attention and care.
6. Revise and repeat
Repeat these steps and adjust findings where necessary.
Here, is the conclusion part of the whole thing. Consider any personal data you acquire the same way you wish to expect your personal data to be treated.
If you’ve already started thinking about GDPR and have good practices in place, it will surely be a good effort, but necessary actions must be in place. Despite the fact that it might seem hard at first. But, GDPR is the right step in the direction for data protection and should be welcomed.