Whom does GDPR apply to?
Any Organization which processes and holds the personal data of data subjects residing in the EU will be obliged to abide by the laws set out by GDPR. This applies to every organization, regardless of whether or not they themselves reside in one of the 28 EU member states.
Are organizations based in the US required to comply with the GDPR?
Yes. If an organization offers goods or services to EU residents, that organization must comply with the GDPR.
If an Organization does not charge for services offered, does it need to comply with GDPR?
Yes. The GDPR applies to firms that offer goods or services to EU residents irrespective of if payment is exchanged.
How does a customer obtain consent?
In general, consent needs to be explicit, opt-in, and freely given. This means popular opt-out based consent of today will no longer be acceptable.
To comply with GDPR, does my Organization need to appoint a Data Protection Officer (DPO)?
Must appoint a DPO if you represent public authorities or Organizations that process large scale monitoring or processing of sensitive personal data.
What does “processing” means?
‘Processing’ means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, Organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Is parental consent required for Data Subjects under the age of 16?
Parental consent will be required to process the personal data of children under the age of 16 for online services; member states may legislate for a lower age of consent but this will not be below the age of 13.
All data controllers and processors established in the EU and Organizations that target EU citizens.
A Data Protection Officer (DPO) must be appointed:a) In all cases, regardless of
If an Organization conducts large scale systematic monitoring or processes large amounts of sensitive personal data.
Within what period is an Organization required to notify a supervising authority about a data breach?
In the case of a personal data breach, the controller shall without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the supervisory authority competent in accordance with Article 55, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons. Where the notification to the supervisory authority is not made within 72 hours, it shall be accompanied by reasons for the delay.
The right to be forgotten: according to this, personal data must be erased immediately if the data are no longer needed for their original processing purpose, or the impacted person has withdrawn his consent and there is no other reason for justification, the impacted person has objected and there is no preferential justified reason for the processing, or erasure is required to fulfil a statutory obligation under the EU law or the right of the Member States.
The right of data portability: the right to data portability allows individuals to obtain and reuse their personal data for their own purposes across different services. It allows them to move, copy or transfer personal data easily from one IT environment to another in a safe and secure way, without affecting its usability.
Within which timeframe are Organizations required to respond to data access requests?
The Regulation states that information must be provided without delay and within at least 1 month of receiving the request. Article 12 requires the controller to respond to the SAR within one month of receiving it, with the opportunity to extend up to two months in certain situations.
What is the term used in the General Data Protection Regulation (GDPR) for unauthorized disclosure of, or access to, personal data?
Under the GDPR, a “personal data breach” is “a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored, or otherwise processed.”
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