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The GDPR will bring important changes once it becomes mandatory in 2018. Find out to whom it applies to and what are the changes for data controllers and processors.
he European Union’s General Data Protection Regulation will replace the current 95/46/EC Directive by 2018. Unlike the current Directive, the GDPR will be a law and will have to be adopted by all the countries in the EU.
Those familiar with the Directive will soon notice the GDPR is built on the directive – some aspects remaining the same, others change and new rules are added. For instance, the GDPR puts a much greater emphasis on individual rights, while also bringing bigger fines for non-compliance. It has the purpose of re-conciliating country-specific and sometimes conflicting European data privacy laws.
Most importantly, it aims at changing the way organizations that operate in the EU or that collect personal data from the Union’s citizens, approach data privacy.
Empowering citizens regarding their personal data is one of the main objectives pursued through the Regulation.
As a regulation, the GDPR must be immediately applied across the Union, unlike a directive, that must be transposed by each member state into the national law.
One of its important traits is that it will impact every entity that holds or uses European personal data whether they operate inside or outside of Europe. In short, no matter where you are in the world, if you sell goods to European citizens or process their personal data, you have to comply to the GDPR.
This means the regulation will affect many more business than the current Directive, a positive aspect especially for EU citizens who are now more protected, but a less positive change for those businesses outside of the EU who find themselves having to comply with a new set of rules.
This also solves the question many people in the UK have been asking: “does Brexit affect them and their business?” The short answer is that it all comes down to the individuals they work with. As it is unlikely, at least at first, that organizations in the UK will cut down all ties to EU individuals, they should comply to the GDPR, in order to be sure they will avoid unnecessary fines.
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