Last updated May 15, 2018
On May 25, 2018, a European privacy law, the General Data Protection Regulation (GDPR), will take effect. The GDPR imposes new rules on companies, government agencies, non-profits, and other organizations that offer goods and services to people in the European Union (EU), or that collect and analyze data tied to EU residents.
The EU General Data Protection Regulation (GDPR) was developed to create cohesive data privacy laws across Europe that serve to protect all EU citizens. It replaces Data Protection Directive 95/46/EC, and differs in a number of significant ways, such as:
• Larger jurisdiction. The General Data Protection Regulation will apply to all companies that process the personal data of anyone living in the European Union, regardless of the company’s location.
• Fines. Organizations, including controllers and processors, that are not in GDPR compliance can be fined up to 4% of their annual global turnover or €20 Million (whichever is greater).
• Consent. Consent must be requested in a clear, easily accessible manner – and must be distinguishable from other matters. In addition, it must be as easy to withdraw consent as it is to give it.
• Breach Notifications: Breach notification will be mandatory – and must be completed within 72 hours of an organization first having become aware of a breach.
• Privacy. The GDPR requires that data protection be included from the onset of the designing of systems, rather than as an addition.
The GDPR applies to organizations within the European Union, as well as companies located outside of the EU. Basically, any organization that offers goods or services to, or monitors the behavior of, EU data subjects, are impacted by the GDPR. Regulations apply to both controllers and processors, which means that “clouds” are not exempt from GDPR enforcement.
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