If your business processes or handles any form of personal data you’ve probably heard of the GDPR, the upcoming change in data protection regulations. You also may have heard scare stories about potential fines running to £millions, but may not be sure about how the change affects you.
The first thing you should know is that the GDPR is already law and has been for almost two years, but its enforcement doesn’t begin until 25th May 2018. You should also be aware that the large fines are real – breaching the GDPR can bring fines up to £17,600,000 – or 4% of your global turnover, whichever is higher.
Some of the changes under the GDPR are more significant than others, but the biggest changes are that individuals’ rights and transparency requirements have been significantly expanded. You should certainly be aware of the following points, but understand this is not an exhaustive list. The regulation document is eleven chapters long and spread over 88 pages, and is therefore not easily digestible into a short article!
This is extremely unlikely, as the UK government intends to bring post-Brexit privacy laws in line with the GDPR – and any company that processes the data of EU citizens will still be bound by the regulations even after we leave.
It is and it isn’t! Many areas covered by the GDPR are also included in the DPA, but the transparency requirements are more stringent – and the rights of Data Subjects have been increased. All companies outside the EU who hold data on EU citizens also have to conform to the GDPR.
Companies and individuals processing data must take ‘reasonable steps’ to conform to the GDPR. Breaches of the new rules will be treated more leniently if the Data Controller can show they have tried to implement these regulations.
At Fraser Dawbarns LLP we strongly recommend that anyone responsible for processing other people’s data consults a Solicitor or GDPR specialist for help with compliance, leaving sufficient time to achieve this before May 25th.
*We are recommended for the following practice areas: Corporate and Commercial, Debt Recovery, Employment, Personal Injury: Claimant, Agriculture and Estates, Contentious Trusts and Probate, Family, Personal Tax, Trusts and Probate & Commercial Property.ServicesContact