GDPR Assessment

The General Data Protection Regulation 2016/679 is a legal Consumer Confidence framework that sets guidelines for the collection and processing of personal information from individuals who live in the European Union (EU) and the European Economic Area (EEA). The Primary objective of the GDPR is to give back the control to the citizens of their personal data, without any distinction between data of individuals in their private, public or work roles.

If an organization becomes aware of a personal data breach, they must report it to the ICO within 72 hours. If the threshold is not met, the organization must provide a valid reason for the delay.

GDPR stands for the General Data Protection Regulation. It involves the protection of personal data and the rights of individuals. Its main aim is to ease the flow of personal data and increase privacy and rights for EU residents across all member states.

One of the characteristics of GDPR is increased accountability. There is a requirement under GDPR for businesses to undertake data protection impact assessments when putting any processes in place that use new technology that is likely to result in a high risk to data subjects.

GDPR gap analysis is a process of identifying areas and systems within your organisation which may be at risk of a breach and need ‘tightening up’. Being one of the most important steps on your journey towards compliance, not to mention a complex and time-consuming process for the uninitiated,it's advisable to go with a data protection expert.

GDPR applies to any organization, whether or not it is based in the EU, that processes the personal data of EU citizens. GDPR applies to these businesses even if the goods or services that they offer are free.

Entities that do not comply with GDPR requirements may be fined up to $20mm or 4% of their worldwide turnover (revenue), whichever is greater. This would also be subject to lawsuits by affected data subjects.

The GDPR applies to processing carried out by organisations operating within the EU. It also applies to organizations outside the EU that offer goods or services to individuals in the EU.

Under the GDPR, one must appoint a DPO in certain circumstances. There’s a section on DPOs and when they need to be appointed in the guide to the GDPR.

A key difference between the GDPR and the Data Protection Directive of 1995, is its scope. As per the Article 3 of GDPR ,GDPR applies to data processing by a controller or processor in the EU, even if the processing of the data takes place outside of the EU., This means that there are two main groups of entities that must comply with the GDPR :
●        Companies located within the EU 
●        Companies located outside of the EU, but they offer goods or services to EU residents (data subjects) or monitor the data of EU residents.

Point number two means that most firms around the world will need to comply with the GDPR.

As per GDPR Article 2(2c),it doesn’t apply for data processing by a person at home for personal reasons

Right to portability is stated under as "Individuals already have a right to access their personal data through a subject access request. The data portability enhances this right, giving the individual the right to get that personal data in a machine-readable format. Individuals can also ask for the data to be transferred directly from one controller to another. There is no right to charge fees for this service.” Right to portability only applies: 
a) To personal data “provided to” the controller. This will clearly apply to photos posted to a social network or content stored on a cloud service.
 
b) Where the controller is processing personal data in reliance on the processing conditions of consent or performance of a contract.

The right of access under the GDPR contains important differences around fees, time limits, refusals, electronic format, refining requests and method of access.

As per Article 4.1 of the General Data Protection Regulation, personal data is defined as “Any information relating to an identified or identifiable natural person (‘data subject’) an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.”

The GDPR requires organizations to implement “appropriate technical and organizational measures” to secure personal data and provides a short list of options for doing so, including encryption. In many cases, encryption is the most feasible method of securing personal data. For instance, if you regularly send emails within your organization that contain personal information, it may be more efficient to use an encrypted email service than to anonymize the information each time.

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