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Key Changes

The GDPR represents an evolution of privacy law. What was once best practice, has morphed into mandatory legal requirements. With the threat of fines of up to 4% of annual worldwide turnover or €20million, failure to adequately prepare could not only affect a companies’ bottom line, but also its customer relationships and brand reputation.

 

Broader Scope

  • Obligations on both controllers and processors
  • Extraterritorial application to foreign controllers and processors
  • Wider definitions
  • Processing data of children under 16 requires parental consent

Harmonisation

  • Risk-based approach
  • No national registration of processing or prior authorisation
  • One-Stop-Shop: lead regulator for pan-European matters, in cooperation with other regulators; local regulator for local matters and redress for individuals

Increased Obligations

  • Data protection principles tightened (consent, transparency)
  • Direct obligations and liability for processors
  • Accountability and Data Protection Officers
  • Internal record of processing
  • Mandatory Privacy Impact Assessments
  • Privacy by Design and Default
  • Mandatory breach notification to regulators and individuals
  • New profiling rules

    Strengthened Individual Rights

    • Right to information and data access
    • Right to rectification and erasure (“right to be forgotten”)
    • Data portability
    • Right not to be subject to decisions based on automated processing

    Increased Enforcement & Liabilities

    • Administrative fines up to 4% of annual worldwide turnover
    • Individual actions
    • Class actions
    • Criminal sanctions (in national laws)
    • Larger role for European Data Protection Board (EDPB)