DATA REGULATION FOR BUSINESS OWNERS
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NEW DATA REGULATIONS YOU NEED TO KNOW
The law about data changes across the EU on May 25th 2018. And, for the time being at least, we are still subject to EU law. The new regulations come in under the GDPR – or General Data Protection Regulations. They include stronger conditions for consent, obligations for data processors and data controllers and obligatory contractual terms between the two.
The GDPR requires organisations to include data protection in the initial design of systems, a concept known as ‘privacy by design’. The new laws also bring in the possibility of significant fines for transgression.
GDPR makes it considerably easier for individuals to bring claims. In particular a person who has suffered ‘material or non-material damage’ as a result of a breach of GDPR has the right to receive compensation (Article 82(1)) from the controller or processor. The ‘non-material’ damage means individuals can claim compensation for distress and hurt feelings even if they can’t prove financial loss.
DATA BREACH NOTIFICATION
One of the biggest changes with regard to GDPR is a requirement to notify data breaches to affected individuals and the authorities.
Data breach notifications are now in force in 47 States in the USA with stringent penalties for failing to notify. Not notifying has become a high-risk option.
Europe currently has no law covering breaches. It is still common practice for many businesses not to notify and swerve damaging media fall. That is set to change when GDPR comes into force.
TO BE HONEST IT’S A BIT OF A MINE-FIELD
From the point of view of any business that holds and uses customer data-bases this is one of those issues that isn’t necessarily complicated but it is certainly complex. On the one hand it’s a good thing, on the other it’s a right pain.
You can read about it – or you can get somebody like Mancini Legal in your corner. In all honesty we’d advise the latter, and the earlier the better. Having a lawyer who understands your business onside will not only help you get it right, it will put you in a better place and save you money if you get it wrong.