What is GDPR
The General Data Protection Regulation (GDPR) is considered to be the most significant piece of European data protection legislation to be introduced in the European Union (EU) in 20 years and will replace the 1995 Data Protection Directive. The GDPR enhances EU individuals’ privacy rights and places significantly enhanced obligations on handling data.
What does the GDPR regulate?
The GDPR regulates the processing of a data subject’s personal data in the European Union including its collection, storage and transfer or use. The GDPR gives data subjects more rights and control over their data by regulating how you should handle and store any personal data they collect.
When do I need to comply with the GDPR?
As of the 25 May 2018, you need to be in compliant with the provisions of the GDPR.
What rights will data subjects have under GDPR?
The GDPR grants 8 fundamental rights to data subjects. These are:
- Right to be informed – Entities must be transparent in how they are using personal data and must inform data subjects of this.
- Right of access – Data subjects will have the right to know what personal data is held about them and how it is processed.
- Right of rectification – Where reasonably possible, data subjects will be entitled to have personal data rectified/edited if they feel that it is inaccurate or incomplete.
- Right to erasure – This is also sometimes referred to as ‘the right to be forgotten’, Here, data subjects have the right to have their personal data permanently deleted upon their request and they do not have to provide a reason for the request.
- Right to restrict processing – Data subjects have the right to block processing of their personal data.
- Right to data portability – Where reasonably possible, data subjects have the right to retain and reuse their personal data for their own purpose.
- Right to object – In certain circumstances, data subjects are entitled to object to their personal data being used. This includes, if personal data is used for the purpose of direct marketing, scientific and historical research, or for the performance of a task in the public interest.
Who does the GDPR apply to?
The provisions of the GDPR apply to any entity that processes personal data of individuals in the European Union (EU), including tracking their online activities, regardless of whether the entity has a physical presence in the EU.
We are not based in the EU. Do we still need to comply?
Yes! If you are an entity outside the EU, you should still be aware of the GDPR and comply with it if you process personal data of individuals in the EU.
We’re is based in the UK. Do I still need to comply due to Brexit?
Yes! The UK will still be part of the European Union on the 25th May 2018. Also, if you process personal data of individuals in the European Union you would still need to comply with the GDPR even post-Brexit.
We don’t charge money for the services provided. Do we still need to comply with the GDPR?
Yes! If you collect personal data, you need to comply.
What happens if we don’t comply with the GDPR?
Lack of compliance can result in fines of up to 4% of annual global turnover or €20 Million (whichever is largest) for breaching GDPR.
Do we need to appoint a Data Protection Officer?
A Data Protection Officer must be appointed in the case of : (a) public authorities, (b) entities that engage in large scale systematic monitoring, or (c) entities that engage in large scale processing of sensitive personal data. It you don’t fall into one of these categories, then you do not need to appoint a Data Protection Officer (although this is highly advisable).
What is the difference between a Data Processor and a Data Controller?
A Data Controller represents the entity that determines the purposes, conditions and means of the processing of personal data. The Data Processor is the entity which processes personal data on behalf of the controller.
As a Data Controller, do I have to sign a Data Processing Agreement with What House?
If you are an entity based in the EU, or collect data from data subjects in the EU you should sign a Data Processing agreement with What House. You can review and sign a copy of our Data Processing Agreement here.
We has a number of sites associated to its account. Do we need to sign an agreement per site?
No – this isn’t required. The agreement needs to be signed by the entity which effectively entered into the Terms of Service with What House, being the Data Controller.
We are an agency and we use your product for a number of our customers. Should it be us or our customers who sign the Data Processing Agreement?
The agreement needs to be entered into with the entity which effectively entered into the Terms of Service with What House, being the Data Controller.
Disclaimer: We are here to help – but What House does not provide legal advice. This material has been prepared for informational purposes only, and it is not intended to provide, and should not be relied on for legal or compliance advice. For specific advice on how you are to comply with the GDPR, you should consult your own legal advisor.