The General Data Protection Regulation (GDPR) is the EU Regulation No. 2016/679 dated 04/27/2016 “On the protection of individuals with regard to the processing of personal data and their free movement” and the repeal of the Directive on General Data Protection Provisions of the European Union No. 95/46.
This algorithm began to operate on May 25, 2016 and is fundamental for use in the countries of the European Union.
All EU member states that take into account the personal data of individuals – members of the European Union when selling or offering them various services or products.
As well as those who monitor the behavior of the subject of these in the vastness of the EU.
These aspects take into account the following aspects:
- Information is displayed in one of the languages;
- fixed value in Euro currency;
- users from the European Union are mentioned.
BASIC CONCEPTS OF THE NEW GDPR REGULATION
The updated GDPR document denotes such concepts as “controller” (English controller) and “processor” (English processor) of personal data.
An individual or legal entity, the state, as well as any government agency or organization that, individually or in combination with others, forms the purpose and methods of processing PD is a “controller”.
This entity has the following responsibilities:
- keep records of reports;
- if the situation requires it, cooperate with personal data processors;
- introduce technology to protect personal information;
- evaluate interactions between the processing of personal data and the rights of subjects for certain types of processing;
- try to send a notification to the national Data Protection Authority (DataProtectionAuthorities) within 72 hours about the leak of PD, as well as the subjects of this data.
A legal entity or an individual, a state, or a separate body that processes personal information on behalf of and on a control order is a “processor”. His direct responsibilities are:
- the introduction of a written register of ongoing transactions that are performed on behalf of or on a control order;
- dispatch of a data leak notification to the controller in a timely manner;
- active participation in cross-border information transfer activities;
- in certain situations, the requirement to appoint a representative in the EU, if this was not initially the case.
GDPR REGULATION: WHO DOES IT APPLY TO
The EU document applies to all companies that collect, store or process personal data of members of the European Union (i.e. processors and controllers), regardless of the location of these entities.
These Regulations prohibit the movement of personalized data of EU members outside of it, threatening the application of sanctions.
As of April 2018, the European Commission recognizes those countries that do not have an adequate level of PD protection: New Zealand, Guernsey, Uruguay, Switzerland, Liechtenstein, Norway, Iceland, Andorra, South Korea, Argentina, Canada, Israel, Fr. Maine, Faroe Islands, Japan. USA.
PRINCIPLES OF GDPR REGULATION
The main principle of the Regulation is if it is not possible to force the processor or controller of personal data in a particular country to bear the responsibility that is provided for in the Regulation, then all operations with PD of members of the European Union will be illegitimate.
WHAT CHANGE WILL APPEAR AT THE BEGINNING OF THE GDPR REGULATION?
The main innovations include:
- regulation of the procedure for obtaining permission from users to process personal data at the time of their receipt, the procedure for abduction and many other rights;
- in the case when the scope of processing PD is quite voluminous (from 5,000 records and 250 employees), the GDPR has the right to require the processor and controller to create the position of inspector for the protection of interests and personal data;
- GDPR requirement to create a protection system, as well as technical regulations for the protection of PD;
- the user acquires the right to file a complaint with a supervisory authority in any EU country for the protection of PD. In this case, the text to the police must have information about his location and contacts;
- GDPR requirements – to appoint a permanent processor in the EU if the project owner is not in the EU and conducts various data operations regularly.
SANCTIONS PROVIDED BY NON-COMPLIANCE WITH REGULATIONS
The GDPR provides for substantial sanctions for non-compliance with the processing rules for PD of current residents of the European Union. The fine is estimated at about 20 million Euros, or 4% of the total financial turnover of the corporation).
These requirements are not limited to the limits of the established non-disclosure policy of the Internet resource.
HOW TO BRING YOUR SERVER WITH THE GENERAL DATA PROTECTION REGULATION (GDPR) REQUIREMENTS
To fully align your company with GDPR rules, we recommend the following:
- develop the Privacypolicy section, taking into account the requirements of the GDPR;
- comply with the requirements of state legislation on the protection of PD, as well as receiving information from the local relevant authority;
- appoint an inspector for protection of PD;
- create an alert system and user agreements by conducting an audit;
- implement and describe a system of technical support and protection of PD, regulating them in the internal documentation);
- in order to avoid disagreements with the new regulation, it is recommended to transfer the ownership of the company (or project) to a member of one of the EU countries.
Eternity Law International experts will assist you in analyzing your Internet resource for compliance with GDPR requirements, draw up the correct Privacypolicy, and also advise you on individual legal issues.