How Long Do You Have?
The GDPR is becoming law on May 25, 2018, and is fast approaching. The GDPR, General Data Protection Regulation, is a new EU Regulation that is replacing the 1995 EU Data Protection Directive (DPR) to significantly enhance the protection of the personal data of EU citizens. This is also meant to increase the obligations put on organizations that are collecting and processing personal data. The GDPR is improving on a significant number of the 1995 Data Protection Directive’s requirements for data privacy and security. It also includes several new requirements to strengthen the rights of data subjects and add harsher penalties for violators.
Important Things to Know:
- The GDPR only builds and enhances principles that were already established by the EU Data Protection Directive.
- The territorial scope of GDPR is much wider– it will also apply to a non-EU business that:
- Market their products to people in the EU
- Monitor the behavior of people in the EU
- The standard for disclosures when obtaining consent now states that it needs to be “freely given, specific, informed, and unambiguous” and requires that controllers use “clear and plain” legal language that is “clearly distinguishable.”
- A customer cannot be forced into consent and they must be aware that they are consenting to have their personal data processed.
- Two new rights that are built in:
- “Right to be Forgotten”- this requires that controllers alert downstream recipients of deletion requests.
- “Right to Data Portability”- this allows data subjects to demand a copy of their data in a common format.
- Unless the cost is excessive, one will not be allowed to charge for processing a request to access.
Mobomo’s development team is incredibly knowledgeable in converting a website to be compliant with a variety of ever-changing regulations, including the new GDPR. Please reach out to us if you are in need of our assistance in getting your website up to speed with current regulations! Time is running out!
To check if you are already compliant, see this article for 5 final checks!