The GDPR and Your Business

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If you are a business that handles data, either as a processor or a controller, make sure you put the 25th May 2018 in your diary. Most businesses are.

Why?

A new data law coming, consider it to be the existing Data Protection Act… but on steroids. If you breach the new rules, or show that you haven’t got sufficient policies, procedures, training or protection in place, your business could be facing a significant fine.

Currently, the maximum fine the ICO (Information Commissioner’s Office) can issue is £0.5m. Larger fines of up to £17m (€20m) or 4% of global turnover will be allowed, enabling the ICO to respond in a proportionate manner to the most serious of data breaches.

What is the GDPR?

Just in case you weren’t aware, the EU General Data Protection Regulation (GDPR) is a new law about data protection. ‘information age’ revealed that 55% of small businesses are unfamiliar with the GDPR. If you have a business that handles data, take action now and be prepared.

The GDPR is a law about Data Protection, based on a set of common-sense principles:

  • The Right to be Informed
  • The Right of Access
  • The Right to Rectification and Right to Be Forgotten
  • The Right to Restrict processing
  • The Right to Object
  • The Right to Data Portability

We are doing it, you should be too.

Network & Security are registered with the ICO as a Data Processor for its clients. With out experience, Network & Security are ready to be compliant with upcoming changes in policy, procedures or any data protection regulations or laws. We understand the importance of these laws (and processes/procedures that come with it) and appreciate it’s not just how they affect the business but those that work within the company too.

Where can you find out more about the GDPR?

The UK government’s Department for Digital, Culture, Media & Sport has created a New Data Protection Bill: Our Planned Reforms.

In the Bill’s foreward, the RT Hon Matt Hancock MP, Minister of State for Digital explained the following:

  • A generation ago Parliament passed the Data Protection Act, since then, digital technology has transformed almost every aspect of people’s lives
  • It has brought huge advantages: social advantage, bringing the world closer together, and economic advantage, transforming our economy
  • For all its many benefits, there are also concerns. Parents worry that their children may be vulnerable online in ways they don’t understand
  • Customers worry what companies are doing with their data. Citizens worry that others might intrude on their privacy online
  • To protect people’s privacy, while allowing and encouraging the innovation that digital technology allows, they must balance freedom and responsibility online
  • The Data Protection Act has done that well, providing people with more control over how their personal information is used and limiting processing to the purpose for which it was collected, subject to various public interest exemptions
  • There are stronger protections in the UK than most, and the regulatory arrangements are often seen as the gold standard
  • While people should all be assured that data is well protected in the UK, change is needed. The technology, and society has changed
  • The Data Protection Bill, promised in the manifesto and announced in the Queen’s speech, will bring our data protection laws up to date
  • It will both support innovation by ensuring that scientists and businesses can continue to process data safely
  • It will ensure that people remain assured that their data is safe as they move into a future digital world based on a system with more accountability, but less bureaucracy
  • The Bill includes tougher rules on consent, rights to access, rights to move and rights to delete data
  • Enforcement will be enhanced, and the Information Commissioner given the right powers to ensure consumers are appropriately safeguarded
  • The Bill will also bring EU law into our domestic law. On 23 June 2016, the EU referendum took place and the people of the United Kingdom voted to leave the European Union
  • Until exit negotiations are concluded, the UK remains a full member of the European Union and all the rights and obligations of EU membership remain in force
  • During that period the government will continue to negotiate, implement and apply EU legislation. The outcome of these negotiations will determine what arrangements apply in relation to EU legislation in future once the UK has left the EU
  • Bringing EU law into our domestic law will ensure that the government help to prepare the UK for the future after they have left the EU
  • The EU General Data Protection Regulation (GDPR) and the Data Protection Law Enforcement Directive (DPLED) have been developed to allow people to be sure they are in control of their personal information while continuing to allow businesses to develop innovative digital services without the chilling effect of over-regulation
  • Implementation will be done in a way that as far as possible preserves the concepts of the Data Protection Act to ensure that the transition for all is as smooth as possible, while complying with the GDPR and DPLED in full
  • When it comes to law enforcement, the Bill will ensure that the data of victims, witnesses and suspects of crimes, are protected in the context of criminal investigations and law enforcement action
  • It will ensure that criminal justice agencies can continue to tackle crime and terrorism whilst protecting the data rights of those involved in criminal investigations or proceedings. Criminals and terrorists show no respect for international borders so the Bill will ensure that UK criminal justice agencies work effectively with counterparts in other countries
  • The Data Protection Bill will allow the UK to continue to set the gold standard on data protection. The UK already has the largest internet economy in the G20. This Bill will help maintain that position by giving consumers confidence that Britain’s data rules are fit for the digital age in which we live

The New Data Protection Bill: Our Planned Reforms covers the following 4 topics:

  1. The Digital Economy.
  2. Our Data Protection Reforms.
  3. Implementing the Reforms.
  4. Looking ahead.

Find out more about the New Data Protection Bill: Our Planned Reforms.

We will be returning to this topic next week – ‘How to prepare for the GDPR’.

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