Data Protection Change is coming…
On the 25th May 2018 the existing Data Protection Act of 1998 (DPA) will be superseded by the new EU General Data Protection Regulations, the change is long overdue and brings data controls more in line with the modern world as we know it, a lot has changed in 30 years, the amount of data we process and the types of data we process requires new controls to show we care about the data we hold.
The government has confirmed that the UK’s decision to leave the EU will not affect the commencement of the GDPR.
It doesn’t affect me!
We would suggest otherwise, like the DPA, the GDPR applies to ‘personal data’. However, the GDPR’s definition is more detailed and makes it clear that information such as an online identifier – eg an IP address – can be personal data. The more expansive definition provides for a wide range of personal identifiers to constitute personal data, reflecting changes in technology and the way organisations collect information about people.
For most organisations, keeping HR records, customer lists, or contact details etc, the change to the definition should make little practical difference. You can assume that if you hold information that falls within the scope of the DPA, it will also fall within the scope of the GDPR.
The GDPR applies to both automated personal data and to manual filing systems where personal data are accessible according to specific criteria. This is wider than the DPA’s definition and includes chronologically ordered sets of manual records containing personal data.
are you ready?
Implementing the new controls needed could take some time, don’t leave it until the last minute, starting to accommodate the changes required now could allow you to rest with peace of mind nearer the time as well as gain an advantage on your competition!
We have partnered with QG Standards to bring you a management standard that will help you become GDPR Compliant and to evidence that you have taken all action to be compliant, not only that but becoming certified will demonstrate to your customers, supplies and staff that you take your responsibility for data security seriously.
This standard applies to all organisations who are ‘controllers’ and/or ‘processors’. The definitions are broadly the same as under the Data Protection Act – i.e. the controller says how and why personal data is processed and the processor acts on the controller’s behalf. If you are currently subject to the Data Protection Act, it is likely that you will also be subject to the GDPR.
The GDPR applies to processing carried out by organisations operating within the EU. It also applies to organisations outside the EU that offer goods or services to individuals in the EU.
If you are a processor, the GDPR places specific legal obligations on you; for example, you are required to maintain records of personal data and processing activities. You will have significantly more legal liability if you are responsible for a breach. These obligations for processors are a new requirement under the GDPR.
However, if you are a controller, you are not relieved of your obligations where a processor is involved – the GDPR places further obligations on you to ensure your contracts with processors comply with the GDPR.
Whether you have a specific requirement,
a question you’d like answered or would just
like an informal chat, contact us.