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General Data Protection Regulation
The document presents an overview of the General Data Protection Regulation (GDPR), detailing its implications for businesses that handle personal data of EU citizens, effective since May 25, 2018. It outlines the responsibilities of data controllers and processors, consent requirements, penalties for non-compliance, and recommended actions for organizations to ensure adherence. The presentation emphasizes the importance of privacy management and technical safeguards to protect personal data.
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General Data Protection Regulation
- 1. MWLUG 2017 Moving CollaborationForward General Data Protection Regulation. Ignoring this = Paying Fines! Tim Clark Stephanie Heit BCC Ltd.
- 2. MWLUG 2017 Moving CollaborationForward Our Amazing Sponsors
- 3. MWLUG 2017 Moving CollaborationForward Agenda • BCC, Stephanie & Tim • What is GDPR • Who it affects • What you have to do • Penalties • Summary • Where to find more information
- 4. MWLUG 2017 Moving CollaborationForward Presenters • Tim Clark • Director Services & Support • IBM Champion 13-17 • Stephanie Heit • Director, BCC Ltd • 17 years with Notes & Domino
- 5. MWLUG 2017 Moving CollaborationForward About BCC • Founded in 1996 • IBM Business Partner • Locations: Frankfurt (HQ), London, Boston • 800+ customers
- 6. MWLUG 2017 Moving CollaborationForward BCC Solutions
- 7. MWLUG 2017 Moving CollaborationForward • Europe – Personal self determination – Personal Data Protection – Laws, not directives • USA – Consumer focused – Treated fairly – Not Protected – Directives, not laws Cultural Differences
- 8. MWLUG 2017 Moving CollaborationForward What is GDPR • General Data Protection Regulations – Regulation • (EU) 2016/679 (88 pages) – Directives • (EU) 2016/680 (43pages) • (EU) 2016/681 (18 pages) • Now the boring stuff is out of the way…..
- 9. MWLUG 2017 Moving CollaborationForward What is it really to do with? • Single set of legislation across Europe that gives individuals get better control of their personal data • Became effective law in 2016 • 2 year grace period to get ready
- 10. MWLUG 2017 Moving CollaborationForward Why worry about it now? “The GDPR is causing great concern for businesses, with 50 percent of global companies saying they will struggle to meet the rules set out by Europe unless they make significant changes to how they operate.” James Walker, UK MD, JAW Consulting UK https://www.scmagazineuk.com/preparing-for-the-eu-gdpr-what-you-need-to-know/article/531492/ Must be ready by Friday, May 25th 2018
- 11. MWLUG 2017 Moving CollaborationForward Legal Glossary • Personal Data • Controllers & Processors • Data Protection Officers • Profiling • Breach & Notification • Data Subject Access Requests
- 12. MWLUG 2017 Moving CollaborationForward Definition of ‘Personal Data’ “Any information relating to an person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person.” A Summary of the EU General Data Protection Regulation: Peter Galdies DataIQ. 14th January 2016. www.dataiq.co.uk/blog/summary-eu-general-data-protection-regulation
- 13. MWLUG 2017 Moving CollaborationForward Controllers & Processors • Controllers – Owners of the data – Responsible for data security – Make sure Processors are compliant • Processors – Work with the data – Must take responsible actions with the data • The relationship between Controllers and Processor must be documented
- 14. MWLUG 2017 Moving CollaborationForward Legal Glossary (cont.) • Data Protection Officers – Public Authorities, Large scale processing of special types of personal data – Expert knowledge of DP laws – Can be made tighter by EU Member States • Profiling – Any automated processing of personal data to determine certain criteria about a person. “In particular to analyse or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements”.
- 15. MWLUG 2017 Moving CollaborationForward Legal Glossary (cont.) • Breach & Notification – “a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed” • Data Subject Access Request – The right of the individual to understand what is stored and how it is used
- 16. MWLUG 2017 Moving CollaborationForward Brief Summary • If you collect any personal data of an EU citizen, you need to comply • Data subjects can – ask for data • There are Penalties for non-compliance
- 17. MWLUG 2017 Moving CollaborationForward Who it affects • ANYONE who collects data about any EU citizen that is identifiable to them • Anywhere in the world • No boundaries
- 18. MWLUG 2017 Moving CollaborationForward Privacy Management • Data protection safeguards to be ‘built in’ to systems. Data by Design • Privacy-friendly – pseudonymisation • Record keeping has increased emphasis – Answering auditors – Data Subject Access Requests • The right to be forgotten
- 19. MWLUG 2017 Moving CollaborationForward Consent • Consent to collect the data has to be given – Does not have to be explicit – Purpose for data collection has to be explicit – Has to be demonstrable, how and when • Withdrawing consent has to be possible – Should be as easy as giving consent
- 20. MWLUG 2017 Moving CollaborationForward Breaches & Notification • Breach & Notification – “a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed” • 72 hours to notify supervisory authority • May have to notify data subjects too
- 21. MWLUG 2017 Moving CollaborationForward WARNING!!! • The next slide may make you sit up sharply in your seat. • You have been warned.
- 22. MWLUG 2017 Moving CollaborationForward Penalties • Greater of €10 million or 2% of entity’s global gross revenue – Violation of record keeping, security, breach notifications & privacy impact assessment • Greater of €20 million or 4% of entity’s global gross revenue – Violations of legal justification for processing (consent), data subject rights and cross-border data transfers
- 23. MWLUG 2017 Moving CollaborationForward Please be ready
- 24. MWLUG 2017 Moving CollaborationForward Suggested minimum technical steps • Firewalls • User access control management functionality in Windows • Unique passwords of sufficient complexity and regular (but not too frequent) expiry on all devices • Regular software updates • Timely decommissioning and secure wiping of old software and hardware • Real-time protection anti-virus, anti-malware and anti-spyware software • Encryption of all portable devices ensuring appropriate protection of the key • Encryption of personal data in transit by using suitable encryption solutions • Implement secure configuration on all devices (including mobile phones) • Put in place intrusion detection and prevention • Data backup
- 25. MWLUG 2017 Moving CollaborationForward What can you do now? 1. Make key departments aware 2. Work out what you have 3. Get you minimum technical steps in progress 4. Revise existing privacy notices 5. Review procedures for new rights 6. Plan how to handle requests 7. Document your legal basis for your use of data 8. Review how you get consent and record it 9. Procedures for data breaches and checks 10. Appoint a Data Protection Officer
- 26. MWLUG 2017 Moving CollaborationForward Sources • EU General Data Protection Regulation ratified: KPMG 2016 assets.kpmg.com/content/dam/kpmg/pdf/2016/05/EU-General-Data-Protection-Regulation-ratified-18-04-2016.pdf • Guidance: what to expect and when: Information Commissioner’s Office. ico.org.uk/for-organisations/data-protection-reform/guidance-what-to-expect-and-when/ • Overview of the General Data Protection Regulation (GDPR): Information Commissioner’s Office ico.org.uk/for-organisations/data-protection-reform/overview-of-the-gdpr/ • Preparing for the EU GDPR: What You Need To Know: James Walker. SC Media 4th March 2016. www.scmagazineuk.com/preparing-for-the-eu-gdpr-what-you-need-to-know/article/531492/ • A Summary of the EU General Data Protection Regulation: Peter Galdies DataIQ. 14th January 2016. www.dataiq.co.uk/blog/summary-eu-general-data-protection-regulation • EU Official Journal issue L 119 eur-lex.europa.eu/legal-content/EN/TXT/HTML/?uri=OJ:L:2016:119:FULL&from=EN • Preparing for the General Data Protection Regulation (GDPR): 12 steps to take now. Information Commissioner’s Office 14th March 2016. ico.org.uk/media/1624219/preparing-for-the-gdpr-12-steps.pdf • IBM – Little Bee books - How it works – GDPR http://littlebeelibrary.com/pdfs/GDPR.pdf
- 27. MWLUG 2017 Moving CollaborationForward Our Amazing Sponsors
- 28. MWLUG 2017 Moving CollaborationForward Questions • Tim Clark • tim_clark@bcc.biz • TimsterC (Skype) • Stephanie Heit • stephanie_heit@bcc.biz • Stephanie Heit (Skype) http://bcchub.com
Editor's Notes
- #13 So in many cases online identifiers including IP address, cookies and so forth will now be regarded as personal data if they can be (or are capable of being) without undue effort linked back to the data subject. To be clear there is no distinction between personal data about individuals in their private, public or work roles – the person is the person.