The European Data Protection Regulation ( GDPR )

In January 2016 the draft Directive 95/46/EC was released.  

More commonly known as the European Data Protection Regulation this draft legislation is designed to  harmonise data protection laws in place across the EU. It is vitally important that all businesses and organisations understand what it means and how it will impact. 
Once the legislation comes into effect the European Union will have the most stringent data use and protection laws in the world with serious fines for breaches. 
Being a “regulation” instead of a “directive” means the legislation will apply all EU member states directly and without the need for individual states to implement it through their own individual legislative processes.

It includes:

  • Rigorous requirements for obtaining consent for collecting personal data.
  • The age of consent for collecting an individual’s data increased from 13 to 16 years old.
  • Data to be deleted if it is no longer used for the purpose it was collected
  • Deleting data if the individual revokes consent for the company to hold the data
  • Notifying the EU government of data breaches within 72 hours of learning about the breach.
  • A single national office for monitoring and handling complaints
  • Firms handling significant amounts of sensitive data or monitoring the behaviour of many consumers will be required to appoint a data protection officer.
  • Fines up to €20m or 4% of a company’s global revenue for non-compliance.

All organisations and businesses will need to adopt new approaches to the collection, processing and use data. There will be prescriptive rules for demonstrating and evidencing compliance.
Privacy and data protection will need to be embedded into everything and those providing information will need to be given explicit and full information on what will happen to the data they give personal data.  Individuals will be able to exercise their “right to be forgotten” including the right to demand that their data is not used. 
One of the biggest challenges will be meeting the rules regarding data transfer, especially data transfer out of the EU, for example to foreign based cloud storage and email servers.
#dataprotection #gpdr #dataregulation #privacy #marketing #email #bulkemail #socialmedia


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