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Law Society of Scotland
Tim Musson, Convener of the Law Society of Scotland’s Privacy Law Committee, explains why the General Data Protection Regulation is all-important for law firms. Not long to go now! The General Data Protection Regulation will be enforced across the European Union and beyond from 25 May 2018. It is not just the headline figures of potential penalties from the Information Commissioner’s Office of up to €20M, or 4% of global turnover, which are of importance. ‘Data subjects’ will not only have enhanced data protection rights, but also a much greater awareness of those rights. Complaints to the ICO will result in enforcement, and any enforcement activity will have a major impact on reputation, which is all-important for law firms. Most organisations haven’t started taking serious steps towards compliance: it’s not yet time to panic, but it is time to start planning and putting measures in place. The underlying principles of the GDPR are essentially the same as the Data Protection Act 1998, but it incorporates a great deal of what is currently seen as best practice as mandatory obligations. The problem is that very few organisations have made a genuine attempt to be compliant with the current DPA set up. This is why GDPR compliance is likely to be challenging. As with any new legislation, much is clear but a great deal is still unclear – guidance is slowly emerging from the Article 29 Working Party and the ICO. So there are some very useful activities, such as personal data audits, which can usefully be carried out now. The ICO has made it clear that they will expect organisations to have taken suitable steps towards compliance by May, and that there will be no ‘honeymoon period’ for those that haven’t. Tim Musson has been delivering a number of Law Society of Scotland CPD & Training events on data protection and the GDPR. Find out more about upcoming CPD courses. More information on the GDPR can be found on the ICO website. Finally, you can find the official text of the General Data Protection Regulation at eur-lex.
Changes In EU Data Law: The GDPR Requirements And How To Meet Them
The GDPR is the outcome of four years of constant discussions, investigations, and amendments made by the EU to update its data privacy rules and regulations. The GDPR will replace the Data Protection Directive established in 1995, creating a greater territorial scope and stricter penalties for those states members, and business dealing with Personal Data, who fail to keep and handle data according to the new regulation. The new data regulation provides all the EU citizens with data privacy in a nowadays data-driven society. From the customers’ and employees’ perspective, the EU aims to provide all its citizens with more control over how their personal data is collected, processed and retained. Ask to correct the data in case it’s incorrect; the data should be corrected ASAP as an obligation. Data portability; data has to be structured, commonly used and machine-readable format. Same rules for the companies within the EU, or for companies who process EU nationals data. After an enormous number of cases of misunderstanding regarding the scope of data protection law, the EU’s GDPR brought an end to that. Since May 25, 2018, the EU GDPR extends the scope of the EU data protection law to all foreign companies processing data of EU residents. Non-compliance laws will also apply to them if they are dealing with the data of EU members. What to do:Data controllers must report personal data breaches to local data administrator no later than 72 hours, but this could as little as 24 hours in the most serious circumstances. Data processor must notify their customers, the controllers, “Without undue delay” after first becoming aware of a data breach. In case a notification is not made within 72 hours of the data breach, the data controller must give a ‘reasoned justification’ explaining the reason for the delay. The controller shall keep a record of any personal data breaches, including all the facts relating to the personal data breach. This article outlines the main changes in the EU data laws and how you as a business should approach them.