General Data Protection Regulation (GDPR)

On 25th May 2018 the General Data Protection Regulation came into force, revolutionising the way that personal data are used and handled. Controllers and processors of personal data need to adhere to the new regulation in order to be compliant. PwC can help.

What does GDPR mean for my organisation?

If you are an organisation processing personal data in Europe; or you are targeting Europe goods and services; or you are monitoring the activities of European citizens online, you will need to comply with GDPR.

The GDPR is the largest development to data protection legislation since the European Data Protection Directive in 1995. It will require wide-scale privacy changes in all regulated organisations, and regulators will gain unprecedented powers to impose fines. Nevertheless, the GDPR also represents an opportunity to:

  • transform your approach to privacy,
  • harness the value of your data, and
  • ensure your organisation is fit for the digital economy.

It is essential that organisations are able to demonstrate to regulators that they have robust plans in place to comply.

General Data Protection Regulation - our view on the key components in the GDPR

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Stewart Room, Joint Global Head of Data Protection and Global Legal Services leader, PwC UK, discusses the General Data Protection Regulation (GDPR) and its impacts for both entities and citizens | Duration 1:48 

GDPR at a glance

It puts individuals back in control of their personal data

Consumers, customers, workers and users of public and charitable services have more power to control how their data is used. Controllers and processors of personal data could be required to report on, move or dispose of personal data if requested and they must have the capabilities to do this whenever the laws apply. The options for using personal data is restricted.

How you use data will be more transparent

The idea of transparency is now considerably strengthened under the GDPR. Article 5 of the GDPR sets out a number of principles with which data controllers must comply when processing data. They must process the data “lawfully, fairly and in a transparent manner in relation to the data subject”. Organisations will be required to articulate all of the ways personal data is used, and make it clear to individuals what their data is being used for and with whom they have shared it.

Organisations will be subject to higher standards of accountability

Organisations will be required to implement measures to prove their compliance. Such measures include keeping records of processing activities, providing individuals with notice of their rights and employing techniques like pseudonymisation or encryption to ensure the security of personal data. Additionally, organisations will also have to ensure that data they pass to third parties is handled in a manner compliant with the GDPR. As well as this, some may have to appoint a Data Protection Officer (DPO) and undertake privacy impact assessments.

Fines are getting bigger, and the timelines are getting shorter

The GDPR introduces a tougher enforcement regime and it exposes entities to increased financial liability. Fines for non-compliance can be as severe as 4% of annual turnover or 20m EUR – whichever is higher.

Data subjects’ rights have been strengthened and expanded upon

The data subjects’ rights aim to allow individuals to have control over their personal data and people will also be entitled to sue for compensation if they suffer damage or distress by reason of non-compliance. The regulation retains the existing rights of data subjects and creates new rights for individuals such as the “right to be forgotten” and the “right to data portability”. These rights are complex and it is unclear how these rights will operate in practice. As data subjects’ rights strengthen, it is important that organisations are aware of what each right means for them and their business.


What else is changing?

The regulatory imperative of GDPR creates some very specific issues. These changes include

Right to be forgotten

Under the right to erasure/to be forgotten individuals will have the right to ask organisations to delete their personal data in certain circumstances.

 

Guaranteed data portability

In certain circumstances, individuals can request to transfer their personal data from your organisation to a third party. The transferred data must be sent in a structured, machine-readable format to the third party, so organisations should begin thinking about technical implications of data portability.

Data breach

If you have a data breach you will have 72 hours to report it. Fines for non-compliance of the GDPR could be up to 2% global annual turnover.


GDPR insights by territory

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GDPR: Bulk data processor contract analysis and remediation service

GDPR: Bulk data processor contract analysis and remediation service

The GDPR has introduced new compliance requirements for organisations that process personal data, including new, more expansive rules on the content of written contracts between controllers and processors. See how our GDPR bulk data processor contract analysis and remediation service can support you in addressing this issue.

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Technology's role in data protection - the missing link in GDPR transformation

Technology's role in data protection - the missing link in GDPR transformation

European data protection law has always been concerned with how technology operates. Data protection laws exist because it is believed that, without them, technology will enable or cause data controllers and processors to trample on fundamental rights and freedoms.

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Contact us

Stewart Room
Partner, Joint Global Head of Data Protection and Global Legal Services Leader, PwC UK
Tel: +44 (0) 20 7213 4306
Email

Jay Cline
Privacy Leader, Principal, PwC United States
Tel: +1 (612) 596 6403
Email

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