Data Processors Under The GDPR
In our monthly GDPR Updates we discuss various key issues of the General Data Protection Regulation, 2016/679, which applies from 25 May 2018. The GDPR will bring significant and substantial changes with respect to the processing of personal data. In the August edition of our GDPR Updates we address the position of the data processor. Under the GDPR the data processor is given certain specific responsibilities, meaning that it will no longer be only the data controller who is responsible for compliance with the privacy regulations. From 25 May 2018 also the data processor can be held liable for not complying with the GDPR requirements and additional legislation relating thereto. The obligation to designate a representative in the EU if the data processor is not established in the EU but its processing is related to offering of goods and/or services to data subjects in the EU; or monitoring of data subjects in the EU; complying with the mandatory requirements with regard to the content of the processing agreement as set out in Article 28 GDPR; the obligation to maintain a written record of processing activities. Data processors that provide services whereby the processing of personal data is standard practice are not likely to fall within the scope of the exceptions and will therefore be obliged to maintain a written record of processing activities; the obligation to designate a data protection officer if the data processor is a public authority or body; its core activities consist of processing on a large scale of special categories of personal data or data relating to criminal convictions; or its core activities consist of processing operations that require regular and systematic monitoring of data subjects on a large scale; and. The obligation to notify the data controller after becoming aware of a breach of the processed personal data and assist the data controller in ensuring compliance with its subsequent obligations towards the competent supervisory authorities and the data subjects. Instead of only being contractually liable on the basis of a processing agreement with a data controller, under the GDPR data processors will also be subject to administrative liability in case of non-compliance. In addition to administrative liability and contractual liability towards the data controller, a data processor can be held liable towards data subjects who have suffered damages as a result of a breach of the GDPR by the data processor. A careful inventory should be made of the parties involved in the various personal data processing activities within an organisation and their roles. The High Court has recently decided that Morrisons Supermarket was vicariously liable for the deliberate data breach of a former employee, even though the breach …. Seyfarth Shaw LLP. On May 25, 2018, the EU General Data Protection Regulation will impose significant new obligations on all U.S. companies that handle personal data of any EU individual. The newly revised EU legal framework in the field of personal data protection has already made the processing of personal data an increasingly important topic for businesses operating…. Ronan Daly Jermyn. Children require specific protection with regard to their personal data as they may be less aware of the risks, consequences and safeguards concerned and their rights in relation to the processing of personal data. Turkey has announced procedures and principles for registering with the Data Controllers Registry by real persons and legal entities responsible for establishing and managing data recording systems.
Enterprises Aren’t Moving Away From On-prem Applications
LAS VEGAS, December 10, 2015 – SailPoint, the largest dedicated identity and access management vendor, polled attendees during this week’s Gartner IAM Summit about their adoption of cloud applications, including IAM-as-a-service. The survey confirmed that cloud adoption continues to grow – in fact, 91% of those surveyed said they have mission-critical applications currently residing in the cloud, with 99% having plans to increase their cloud app usage in the next few years. 60% of respondents confirmed they will continue to maintain at least half their core applications on-premises, indicating the criticality of an IAM solution that manages a hybrid IT environment. Failing to fully control access to sensitive applications and data can leave an organization at risk for fraud, misuse of data and privacy breaches, not to mention negative audit findings. At the end of the day, organizations need to manage and govern who has access to these mission-critical applications, regardless of where they reside. The right IAM solution helps organizations manage the reality of a “Hybrid” IT environment through enterprise-wide visibility and control, and allows them to extend their existing IAM business processes, such as granting access to new users and removing access for terminated users to all applications – whether those applications are on-premises or in the cloud. “Organizations of all sizes are rapidly adopting cloud applications as part of their business strategy,” said Kevin Cunningham, president and founder of SailPoint. “There are many benefits to this strategy, but organizations need to maintain a single view into ‘who has access to what’ in order to manage risk. Rather than looking at niche IAM tools to manage SaaS applications in a separate silo, enterprises need to ensure their IAM strategy takes a holistic approach that manages the entire IT infrastructure. Today’s IAM solutions, whether deployed on-premises or as-a-service, can help enterprises ensure they have the right controls in place in order to protect assets and manage corporate risk.” As enterprises of all sizes look to the cloud, organizations are increasingly open to deploying critical IT operational tools via the cloud. “When we began the RFP process, I was happy to learn that the leading identity and access governance vendor offered an IDaaS solution that would meet our needs for just that. We’ve found IdentityNow provides the breadth and depth of coverage to manage ‘who has access to what’ across our entire IT infrastructure, as well as the ability to scale as our business grows.” SailPoint has built on its heritage of bringing governance to identity and access management in its IDaaS offering, IdentityNow. IdentityNow’s new role-based security model allows organizations to simplify how they provision and deprovision access to application entitlements across on-premises or cloud applications for all users. With the introduction of SailPoint’s “Identity Cubes” technology, IdentityNow provides a holistic view of each user and their access to all applications, across all environments. As the fastest-growing, independent identity and access management provider, SailPoint helps hundreds of global organizations securely and effectively deliver and manage user access from any device to data and applications residing in the datacenter, on mobile devices, and in the cloud. The company’s innovative product portfolio offers customers an integrated set of core services including identity governance, provisioning, and access management delivered on-premises or from the cloud.