General Data Protection Regulation (GDPR)
The GDPR came into force on 25 May 2018. UK organisations that process the personal data of EU residents have only a short time to ensure that they are compliant.
Introduced to keep pace with the modern digital landscape, the GDPR is more extensive in scope and application than the current Data Protection Act (DPA). The Regulation extends the data rights of individuals, and requires organisations to develop clear policies and procedures to protect personal data, and adopt appropriate technical and organisational measures.
The key changes introduced by the Regulation
The GDPR introduces a number of key changes for organisations.
- If your business is not in the EU, you will still have to comply with the Regulation
- The definition of personal data is broader, bringing more data into the regulated perimeter
- Consent will be necessary for processing children’s data
- The rules for obtaining valid consent have been changed
- The appointment of a data protection officer (DPO) will be mandatory for certain companies
- Mandatory Data protection impact assessments have been introduced
- There are new requirements for data breach notifications
- Data subjects have the right to be forgotten
- There are new restrictions on international data transfers
- Data processors share responsibility for protecting personal data
- There are new requirements for data portability
- Processes must be built on the principle of privacy by design
- The GDPR is a one-stop shop
You can find out more information at IT Governance.
The Brexit question
UK organisations handling personal data will still need to comply with the GDPR, regardless of Brexit. The GDPR will come into force before the UK leaves the European Union, and the government has confirmed that the Regulation will apply, a position that has been confirmed by the Information Commissioner. |