General Data Protection Regulation (GDPR)

GDPR is replacing the EU Data Protection Directive (Directive 95/46/EC) and will apply across the EU from 25th May 2018, including the UK, notwithstanding its decision to leave the EU.

GDPR applies to ‘controllers’ and ‘processors’, the controller determining how and why personal data is processed and the processor acting on the controller’s behalf. GDPR applies to personal data, which may even include an online identifier. GDPR applies to EU based entities that process personal data and also to non-EU entities processing the personal data of EU residents. Given the broad reach of GDPR, the financial industry, along with many others, is firmly in scope. GDPR also links to MiFID II given the regulator’s requirement for personal data to be provided to trading venues.

Organisations are required to demonstrate how they comply with the protection principles set out in GDPR and how they protect individual rights. The protection principles relate to areas such as fairness, lawfulness and transparency; purpose limitation; data minimisation; data quality; and security, integrity and confidentiality. Individual rights of personal data cover subjects such as information notices, access, rectification, portability, objections, erasure, profiling and automated decision taking.

Transfers of personal data to recipients outside of the European Economic Area are regulated and restricted in certain circumstances in order to ensure that the level of protection of individuals afforded by the GDPR is not undermined.

GDPR will introduce a duty on all organisations to report certain types of data breach to the relevant supervisory authority, or the individuals affected. The regulation sets out specific rules that determine the kind of reporting required in different scenarios.

GDPR imposes sanctions for non-compliance that could, in a worst case scenario, result in a fine of up to €20 million or 4% of a firm’s annual worldwide turnover, whichever is greater.

The Article 29 Working Party has provided further guidance to support implementation:

Guidance on Data Protection Officer provisions of the GDPR
Guidance on identifying a controller or processor’s lead supervisory authority

Last updated 16th August 2017

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