EU ARC- GDPR COMPLIANCE for SMEs’ Post

Who are the “data controllers”? “Data Controllers” may be natural or legal persons, SMEs, public authorities, organisations, or other bodies which, alone or jointly with others, use personal data for the specific purposes. The GDPR strongly emphasises the “accountability” of the data controller. Data controllers must adopt policies and implement appropriate measures to ensure data security; they need to be able to demonstrate that the processing of personal data is in accordance with the law; ensure that data are processed lawfully, correctly and transparently. The GDPR gives data controllers the possibility to make decisions regarding the processing of personal data and they are legally responsible for complying with the obligations laid down in the personal data protection regulations. Data controllers can decide independently on the methods, guarantees and restrictions on the processing of personal data, applying the principles of the GDPR. First of all, the principle of ‘data protection by design and by default’, i.e. the need to configure data processing by default (e.g. by applying psidonimisation and data minimisation) and default settings (e.g. determining data retention periods and to whom they may be available) in accordance with the GDPR, in order to protect the rights of the data subject, taking into account the general context in which the processing takes place and the risks to the rights and freedoms of data subjects.    The data controller must also notify the supervisory authority (in HR this is the Croatian Data Protection Authority, in Italy Garante Privacy) of personal data breaches within 72 hours and “without undue delay”, but only if it considers the breach likely to result in a risk to the rights and freedoms of the data subject. Every Friday a new post for #SMEs. Stay tuned 🎵 #gdprcompliance #smesupport ___________________________________________ The European project "ARC II" - https://lnkd.in/dYz6H3Zu conducted by Croatian Data Protection Authority-Agencija za zaštitu osobnih podataka and The Italian Data Protection Authority has the objective of giving SMEs practical support to comply with the GDPR. Partners in the project are also: Faculty of Organization and Informatics, Università degli Studi di Firenze, Vrije Universiteit Brussel #gdprcompliance #smesupport #euprojects

Thought for the day. A little task has led me to South Africa’s Protection of Personal Information Act (POPIA) 2013. While POPIA serves as South Africa’s data protection law and shares similarities with the GDPR, one distinction has stood out to me. Do entities in this context play the roles of a processor and sub-processor or a controller and processor? The Act introduces the terms “operator” and “responsible party.” The former is defined as “a person who processes personal information for a responsible party in terms of a contract or mandate without coming under the direct authority of that party,” suggesting a sub-processing relationship with the “responsible party”. In GDPR terms, a processor is “a natural or legal person… processing personal data on behalf of the controller.” On the other hand, the “responsible party” is defined as “a public or private body or any other person that alone or in conjunction with others determines the purpose and means for processing personal information.” This aligns closely with the GDPR definition of a data controller, which is “a natural or legal person… or other body that alone or jointly with others determines the purposes and means of the processing of personal data.” A little context for my ask. Section 19 of POPIA places on the “responsible party” the responsibility to “secure the integrity and confidentiality of personal information in its possession or under its control by taking appropriate, reasonable, technical, and organizational measures.” This responsibility typically aligns with that of a data processor under the data protection laws. This is because the processor is entrusted with the personal information for a purpose consented to by the data subject and as such must secure it from unauthorised access, use or disclosure. If one is to equate the responsible party to the controller, then I’d ask why this responsibility is placed on them given that they’ll be determining the purpose & means of processing as opposed to actual processing of the personal information. So, does South African law recognize the concept of data controllers? Can we assert that the processor takes center stage in South Africa, with sub-processors assuming responsibilities akin to those under the GDPR? Perhaps it’s safer to land on the note that while the terms may come across as equivalents of one another, the obligations and legal implications under the laws are different. Perhaps. #POPIA #GDPR #DataProtection #SouthAfricanLaw #DataProcessingRoles

Recently, someone asked me about the importance of EU Standard Contractual Clauses (SCC) in Data Processing Agreements (DPA). When and why is it required? I thought I will put my answer here as well. In today’s interconnected digital landscape, the protection of personal data is paramount. With the General Data Protection Regulation (GDPR) setting high standards for data privacy and security, businesses operating within the European Union (EU) or handling the data of EU residents must ensure compliance with stringent regulations. One crucial aspect of GDPR compliance is the use of Standard Contractual Clauses (SCC) in Data Processing Agreements (DPA). These clauses, established by the European Commission, serve as a legal framework for transferring personal data from the EU to countries outside the European Economic Area (EEA) that may not have adequate data protection laws. SCCs essentially provide a set of contractual terms and conditions that both the data exporter (the entity transferring the data) and the data importer (the entity receiving the data) must adhere to. By incorporating SCCs into DPAs, organizations can ensure that data transfers outside the EU are conducted in a manner that upholds GDPR principles. By incorporating SCCs into DPAs, organizations demonstrate their commitment to protecting personal data and ensuring compliance with GDPR requirements, even when transferring data internationally. Failure to implement SCCs where necessary can result in severe penalties, including fines of up to €20 million or 4% of annual global turnover, whichever is higher. Hence, EU Standard Contractual Clauses play a vital role in facilitating secure and compliant international data transfers, enabling businesses to operate globally while safeguarding the individual privacy rights. Adhering to these clauses not only mitigates legal risks but also fosters trust and transparency in the handling of personal data, which is essential in today’s data-driven economy. #dataprivacy #dataprotection #eulaw #gdpr #linkedin #connections #contracts

🔐 Are you grappling with the complexities of GDPR and its implications in Germany? Join us for an insightful online session designed specifically for foreign staffing companies that do not yet have their own German data protection officer. Lead by our International Forum Chair Jonathan C. (6CATS International), Co-Chair Alena Salakhova (SThree) and guest speaker and German data protection officer Stephan Frank | SFC Stephan Frank Consulting, this is your golden opportunity to delve into the intricate world of data privacy and discover the unique regulations that govern staffing in Germany. 🌍 Why Attend? ▪ Demystify GDPR: Understand the General Data Protection Regulation in the context of the German market. ▪ Tailored Insights: Gain crucial knowledge relevant to staffing firms operating or planning to operate in Germany. ▪ Expert Guidance: Hear from seasoned professionals about navigating the legal landscape of data protection. ▪ Interactive Q&A: Have your specific concerns addressed in a dynamic Q&A session. 🔍Topics Covered: ▪ GDPR Basics: What foreign staffing firms need to know. ▪ Special Regulations for Staffing in Germany: Navigating the unique challenges. ▪ Best Practices: How to ensure compliance and avoid pitfalls. ▪ Case Studies: Learn from real-world scenarios and solutions. We usually pick one main topic to keep the discussion going. Don’t miss this chance to equip your company with the essential knowledge to thrive in the German market. Register now and take a significant step towards GDPR compliance! 📅 19. February 2024 🕰 11:00 CET 👥 APSCo Members; Staffing companies without their own German data protection officer 🗣 English 📍 Register yourself here: https://lnkd.in/dCTyJS8j

𝐃𝐚𝐭𝐚 𝐏𝐫𝐨𝐭𝐞𝐜𝐭𝐢𝐨𝐧 𝐋𝐚𝐰 𝐂𝐡𝐚𝐧𝐠𝐞𝐬 𝐢𝐧 𝐓𝐮𝐫𝐤𝐢𝐲𝐞 🔹 Recent amendments to Turkiye's Personal Data Protection Law (KVKK) aim to align it with the EU's GDPR, signaling a shift towards stricter data protection standards. 🔹 Key changes introduced by the amendments include requirements for explicit consent from data subjects for personal data processing and stricter penalties for non-compliance, such as fines of up to 20 million Turkish Lira or 2% of annual turnover. 🔹 These amendments have significant implications for businesses operating in Turkiye, necessitating a review of data processing practices and implementation of robust security measures to ensure compliance and avoid potential legal and reputational risks. 🔹 Industry experts estimate that 60% of businesses have already begun revising their data protection policies in response to the regulatory changes, highlighting the proactive approach needed to navigate the evolving data protection landscape effectively. 🔹 Leveraging technology solutions like Dengage's platform can streamline compliance efforts, providing businesses with the tools and insights they need to effectively manage and protect their data assets while driving meaningful relationships with their audience. 🔹 Overall, the amendments represent a crucial step towards aligning Turkiye's data protection framework with international best practices, emphasizing the importance of prioritizing compliance and adopting technology solutions to navigate the evolving regulatory landscape. #dataprotection #governance #GDPRTURKEY

In the ever-evolving landscape of data protection regulations, staying ahead of compliance requirements is essential for organizations operating within the UK. The upcoming March 21st ICO deadline remarks an important moment for entities engaged in international data transfers. Organizations that have previously relied on the old EU standard contractual clauses, as dictated by the Data Protection Directive before September 21, 2022, face a critical juncture. Although these clauses maintain validity for restricted data transfers until March 21, 2024, proactive adherence to UK GDPR regulations is paramount. This necessitates a transition towards updated contractual frameworks such as the International Data Transfer Agreement (IDTA) or the International Data Transfer Addendum (Addendum). By embracing these mechanisms, organizations not only ensure regulatory compliance but also reaffirm their commitment to safeguarding individual privacy rights. Central to this transition is the requirement for organizations to conduct comprehensive transfer risk assessments when engaging in contracts based on the IDTA or the Addendum. Through meticulous identification and mitigation of potential risks associated with data transfers, organizations can enhance their data protection measures and minimize regulatory vulnerabilities. Failure to meet the March 21st deadline exposes organizations to regulatory penalties and undermines stakeholder trust. Therefore, it is imperative for organizations to prioritize this transition and allocate resources towards achieving seamless compliance with UK data protection regulations. #dataprotection https://lnkd.in/eMcGf-7u

🚨 Important GDPR Compliance Notice for International Companies As the Owner and CEO of Formiti Data International Ltd, I want to highlight a critical aspect of GDPR that is often overlooked by international companies operating outside the EU. 🔵 Article 27 of GDPR – A Non-Negotiable Requirement: If your business has no physical presence in the EU but processes the personal data of EU residents, appointing an EU GDPR representative is not just advisable; it's a legal requirement. 💼 Role of an EU Representative: An EU representative acts as your point of contact for EU data subjects and supervisory authorities. They ensure your business's compliance with GDPR and facilitate communication regarding data privacy matters. 🔴 Severe Financial Risks: Failure to appoint an EU representative can result in significant penalties – up to 2% of your global annual turnover or €10 million, whichever is greater. This stringent enforcement is a clear indication of the EU's commitment to data protection. 🔍 Who Needs to Comply: Non-EU-based companies processing EU residents' data. Businesses offering goods/services to EU citizens or monitoring their behaviour. ✅ Action Steps for Compliance: Evaluate Your Data Processing: Confirm if your business falls under GDPR's scope. Select a Representative: Choose a qualified EU representative who understands GDPR intricacies. https://lnkd.in/euqFtVm2 Update Your Privacy Policy: Reflect this appointment in your privacy communications. 🌍 Why This Matters Globally: In today's interconnected world, understanding and adhering to international data protection laws is crucial. GDPR's extensive reach sets the tone for global data privacy standards. 📚 Educate Your Network: Share this post to inform and protect your business network. Ignorance of GDPR requirements, such as Article 27, is not just risky; it's potentially very costly. Visit [Your Company's Website] for expert guidance on GDPR and global data protection compliance. Stay informed, and stay compliant! #GDPRCompliance #DataPrivacy #InternationalBusiness #EURepresentative #Article27

Back in November, The EU Council of Ministers hailed GDPR as a success - but they also noted several practical implementation challenges that required further clarification. This article by Euractiv dives into the details - but here are Zendata's key takeaways. 1️⃣ Success with a Side of Challenge: GDPR is hailed for harmonising laws and enhancing global data protection. Yet, complexities in implementation for businesses and public bodies require clarity and guidance moving forward. 2️⃣ Support for SMEs: Acknowledging GDPR's burden on small and medium-sized enterprises, especially in low-risk data processing, has led to a call for practical tools to support compliance. 3️⃣ International Data Flows and Enforcement: The EU seeks greater transparency in international data transfers, emphasising the need for robust enforcement mechanisms. GDPR's journey from a regulatory framework to a global data protection benchmark is a story of continuous evolution and commitment to responsible innovation. #gdprcompliance #technology #dataprotection #dataprivacy Read more: https://lnkd.in/e-uaz8Bt

🔒 Ensuring UK GDPR Compliance: Protecting Data in a Changing Landscape 🔒 In today's digital age, safeguarding personal data is paramount, and the UK General Data Protection Regulation (UK GDPR) plays a pivotal role in this endeavor. As businesses operating in the United Kingdom, it's essential to remain vigilant and proactive when it comes to data protection. UK GDPR, which came into effect alongside Brexit, mirrors the EU GDPR in many respects, emphasizing transparency, accountability, and the rights of individuals over their data. 🛡️ Compliance is Key: 1️⃣ Understand the Scope: Determine if UK GDPR applies to your organization based on data processing activities and the data subjects involved. 2️⃣ Data Mapping: Identify what personal data you collect, process, and store, and establish lawful grounds for doing so. 3️⃣ Consent Matters: Review and update your consent mechanisms to ensure they align with UK GDPR requirements. 4️⃣ Data Security: Implement robust security measures to protect data from breaches or unauthorized access. 5️⃣ Data Subject Rights: Be prepared to honor individuals' rights to access, rectify, or erase their data. 🤝 Collaboration is Key: Collaboration with legal experts and data protection officers can be invaluable in navigating the complexities of UK GDPR compliance. Moreover, fostering a culture of data protection awareness within your organization is equally crucial. 💼 My Experience: Having supported businesses in their GDPR compliance journey, I understand the importance of striking a balance between innovation and data protection. If you have any questions or need guidance on UK GDPR compliance, please feel free to reach out. Let's keep data safe, respect individuals' privacy, and build trust in our digital ecosystem. 🌐 #UKGDPR #DataProtection #Compliance #PrivacyMatters

Back in November, The EU Council of Ministers hailed GDPR as a success - but they also noted several practical implementation challenges that required further clarification. This article by Euractiv dives into the details - but here are our key takeaways. 1️⃣ Success with a Side of Challenge: GDPR is hailed for harmonising laws and enhancing global data protection. Yet, complexities in implementation for businesses and public bodies require clarity and guidance moving forward. 2️⃣ Support for SMEs: Acknowledging GDPR's burden on small and medium-sized enterprises, especially in low-risk data processing, has led to a call for practical tools to support compliance. 3️⃣ International Data Flows and Enforcement: The EU seeks greater transparency in international data transfers, emphasising the need for robust enforcement mechanisms. GDPR's journey from a regulatory framework to a global data protection benchmark is a story of continuous evolution and commitment to responsible innovation. #gdprcompliance #technology #dataprotection #dataprivacy Read more: https://lnkd.in/e6EjzqB6