The European Commission intends to strengthen the data protection laws that protect individuals within the EU.
You need to know about this if your business controls the personal data for EU residents, whether you are based inside or outside the EU.
Personal data is any information about an individual’s private, professional or public life, including their name, photo, email address, bank details, social media updates, medical information, and even the IP address of their computer.
There are exceptions for data processed for employees and for the purpose of national security.
The EU General Data Protection Regulation was agreed on 17 December 2015, to replace the 1995 Data Protection Directive.
Although anything could change between now and then, the Revised Data Protection Framework is expected to come into force in Spring 2018, with a two-year transition period starting in Spring 2016.
How it impacts you
If you are a public authority or a company processing more than 5,000 data subjects within 12 months, you will have to appoint a data protection officer. This person should be proficient at managing IT processes, data security, cyber-attacks, and other critical business continuity issues around the holding and processing of personal data.
They will be the responsibility of the Regulator rather than your Board of Directors. They are like a ‘mini-regulator’ who is independent of your organisation, so they will need to create their own support team and will be responsible for their own continuing professional development.
Your data controller must be able to prove that recipients have opted in.
This means you must allow people to give explicit permission for you to collect and use their data – that means two ‘opt in’ tick boxes – as well as the ongoing option to unsubscribe.
You will have to advise your customers about how long you keep their personal data, and provide them with contact details for your data controller and data protection officer.
The penalty for non-compliance is still being decided, but will be severe – possibly €100m plus up to 5% of worldwide turnover.
For more information, please call us on 020 7113 4003 or email and we will be happy to help. The initial telephone consultation is free.
Venetia Lawson-Cruttenden [solicitor] is fantastic! She is always so thorough and efficient and gives you the
DG Law supported us through a very difficult contractual negotiation to achieve exactly the outcome
We were very pleased with the way that DG Law helped us on our transaction
Thanks for all the help from DG Law in pulling together our somewhat complicated loan.
DG Law resolved a difficult lease renewal for us and their services were excellent –
I needed understanding and experienced legal advice. DG Law provided an excellent service at a
My experience was second to none – the service was professional and personal. DG Law
DG Law always step up to the plate on our transactions and handle the various
DG Law was recommended to me and my partner and I received excellent advice –
Having worked with DG Law a number/couple of times now, I have been really impressed
DG Law were constantly at hand, and kept pro-active throughout the thorny process of getting
DG Law organised and ran a very useful session to help to make our team’s
DG Law came recommended to me and whilst setting up a new business it was
We were recommended three lawyers to handle the sale of our seven year old successful
We live by our core values of transparency, flexibility and being honourable – every day
We put ourselves in your shoes so we understand your problems from the inside out
We deliver our advice in a way that is easy to understand