Under the GDPR, (General Data Protection Regulation) individuals have:
- The right to access –this means that individuals have the right to request access to their personal data and to ask how their data is used by the company after it has been gathered. The company must provide a copy of the personal data, free of charge and in electronic format if requested.
- The right to be forgotten – if consumers are no longer customers, or if they withdraw their consent from a company to use their personal data, then they have the right to have their data deleted.
- The right to data portability – Individuals have the right to transfer their data from one service provider to another. And it must happen in a commonly used and machine-readable format.
- The right to be informed – this covers any gathering of data by companies, and individuals must be informed before data is gathered. Consumers have to opt in for their data to be gathered, and consent must be freely given rather than implied.
- The right to have information corrected – this ensures that individuals can have their data updated if it is out of date or incomplete or incorrect.
- The right to restrict processing – Individuals can request that their data is not used for processing. Their record can remain in place, but not be used.
- The right to object – this includes the right of individuals to stop the processing of their data for direct marketing. There are no exemptions to this rule, and any processing must stop as soon as the request is received. In addition, this right must be made clear to individuals at the very start of any communication.
- The right to be notified – If there has been a data breach which compromises an individual’s personal data, the individual has a right to be informed within 72 hours of first having become aware of the breach.
The GDPR is the EU’s way of giving individuals, prospects, customers, contractors and employees more power over their data and less power to the organisations that collect and use such data for monetary gain.
The business implications of GDPR
This new data protection regulation puts the consumer in the driver’s seat, and the task of complying with this regulation falls upon businesses and organisations. Failing to comply is not an option and could cost your business a lot of money.
What falls under GDPR compliance?
GDPR applies to all businesses and organisations established in the EU, regardless of whether the data processing takes place in the EU or not. Even non-EU established organisations will be subject to GDPR. If your business offers goods and/ or services to citizens in the EU, then it’s subject to GDPR.
All organisations and companies that work with personal data should appoint a data protection officer or data controller who oversees GDPR compliance.
There are tough penalties for those companies and organisations who don’t comply with GDPR fines of up to 4% of annual global revenue or 20 million Euros, whichever is greater.
If you have any questions on GDPR or require help please get in touch:
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