EU Data Protection Regulation Shake Up Takes Effect Now

EU Data Protection Regulation Shake Up Takes Effect Now

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By Edward Trower-

The EU’s General Data Protection Regulation (GDPR)  will be enforceable today in one of the biggest shake-ups for decades.

The  European Union’s new law on the books for protecting data privacy- GDPR- goes into effect in the EU’s 28 member states, today, Friday the 25th.

The law effectively overhauls previous regulations for companies that collect, store or process large amounts of information on residents of the EU. It requires more openness about what data they have and who they share it with.

The GDPR stipulates that user data can be used only if that individual gives a company explicit permission. There are high stakes for marketers to get their data under control because companies found to be in violation of the GDPR face a fine of €20 million ($22.1 million) or 4% of global revenues depending on which is greater . The new law is likely to have a serious impact on the advertising industry, and other businesses and investments associated with it. In many ways, the new shake-up is positive and protects the private details of individuals. It’s business and financial implications may be devastating for marketers of various industries.

People in the UK will now be able to move their personal data between service providers such as WhatsApp and Facebook to rival social media platforms, the UK government have said.

 This includes taking account settings and information, including contacts, profile photos, and group names. The right for individual personal data held by companies to be erased when they turn 18 will also be available to all citizens. They will also be able to demand an organisation discloses all the personal data it holds on them more easily and, for the first time, for free.

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The Data Protection Act 2018 will force companies to use people’s personal data responsibly, or risk millions of pounds in fines. These could run into billions of pounds and be as much as four per cent of a firm’s global turnover.

The Act will support UK businesses and organisations as we prepare to leave the European Union.

Minister for Digital and the Creative Industries Margot James said:

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Today marks a milestone in the internet era, with new laws to put power back in people’s hands so they can be sure the information they share online is safe.

The Information Commissioner has been given the tools she needs to make sure organisations are held to account when they misuse or compromise data, but she has been clear they will be applied proportionately and adequately to help businesses prepare.

Starting today, people will be able to: – Get more information about how organisations will use and share their data.  They will also be able to withdraw consent for the use of their personal data more easily.  Individuals will also be able to require an organisation to disclose the personal data it holds on them more easily – and, for the first time, for free. They will also be able to move data between service providers such as rival social media platforms

Tougher cybersecurity rules, and the right to be told when their data is breached and the breach is sufficiently serious will also be afforded to individuals.  Companies can also be forced to erase personal details they hold about them in a wider range of circumstances, including when they turn 18Benefit from a new age-appropriate design code that will help websites understand the needs of children and young people online.

The Information Commissioner’s Office (ICO) has been granted new powers to act swiftly when people’s data has been breached and allow her to hold rogue companies to account. This includes being able to:

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  • Issue fines of up to £17 million or 4 percent of global turnover for the most serious data breaches
  • Demand access to an organisation’s premises to carry out ‘no notice’ inspections without a warrant
  • Request a court order to force someone to share information, with the prospect of criminal convictions when this is not followed.
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