May 2018: GDPR and the Extra-Territorial Reach of EU Privacy Law: Are You at Risk of Fines of 4% of Global Turnover? -
Introduction -
On May 25, 2018 the European Union (“EU”) General Data Protection Regulation (“GDPR”) will take effect, marking one of the most significant changes to European data privacy and security in over 20 years. Most multinational companies will be impacted by the GDPR and compliance will be an ongoing matter for anyone collecting and/or processing personal data in the EU and/or offering goods or services to EU citizens. The GDPR is based on the fundamental principle of the protection of the human right to privacy, and is designed to harmonize EU member state legislation and to ensure that personal data can flow freely and securely around the EU (Recitals 3, 5 and 6).
What Are the Principles Contained in the GDPR? -
The GDPR contains significantly enhanced protections for individuals than currently in place under the EU Data Protection Directive (the “Directive”), and the associated national legislation. Its legal status as an EU Regulation is important as it has binding, and direct effect, within the EU and does not require national implementing legislation. Therefore, individuals have directly acquired rights – and remedies – in relation to the protection of their personal data. Personal data has a broad meaning under the GDPR, as under the old Directive, and encompasses “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” (Article 4). Personal data, therefore, includes someone’s name, email address, national security number, bank details, health insurance number and other identifiers of a living individual.
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