The GDPR changes way organisations collect data, as well as how they obtain, document, and manage the legal basis for processing.
As of May 1st 2018, Teamgo Pty Limited has implemented key features and processes to become fully GDPR compliant for our EU customers. We have also made these implementations available to customers globally so they can benefit from our commitment to data management of individuals information.
The GDPR becomes enforceable as law in all EU member states on the May 25th, 2018. This replaces the separate member state implementations of data protection law, streamlining compliance by providing a single set of principles to follow.
The new regulation's scope encompasses all organisations that process the personal data of EU residents or monitors individual's behaviours conducted within the EU, regardless of the entity's physical location.
The terms processing and personal data are defined: processing involves "any operation or set of operations which is performed on personal data" and personal data means "any information relating to an identified or identifiable natural person ('data subject')." The GDPR outlines requirements for Controllers (entities who determine the purposes and means of the processing of personal data) and Processors (entities who process personal data as directed by a Controller).
Data Protection by Design and Default
Controllers and Processors must incorporate data protection into new products and services that involve processing of personal data (Design) and consider data protection issues in all business decisions (Default).
Lawfulness of Processing
Processing must be based on consent, performance of a contract, legal obligation, protection of vital interests, tasks carried out in the public interest, or legitimate interest balanced against the fundamental rights of data subjects.
Conditions for Consent
Requests for consent must be freely given, specific, informed and unambiguous by a statement or by a clear affirmative action. Security of Processing Controllers and Processors shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk.
Data Subject Rights & Information
Controllers shall provide the information outlined in Articles 13 & 14 to Data Subjects and Data Subjects may access, correct, delete, restrict processing of, and transfer their personal data, as well as object to automated decision-making based on their personal data.
Controllers and Processors must create centralised repositories containing records of processing activities carried out on personal data.
Data Protection Impact Assessments
Where a type of processing is likely to result in a high risk to the rights and freedoms of natural persons, prior to processing Controllers must carry out assessments of the impact of the envisaged processing operations on the protection of personal data.
Data Protection Officer
Controllers and Processors whose core activities consist of processing operations which require regular and systematic monitoring of data subjects on a large scale or large scale processing of special categories of data must appoint a Data Protection Officer.
Controller and Processor relationships must be governed by binding contracts that set the terms of the processing to be performed and provide Controllers the right to object to Sub-Processors engaged by the Processors.
Data Breach Reporting
In the event of a breach involving personal data, the Controller shall, where feasible, notify the relevant Supervisory Authority within 72 hours after becoming aware of it and, if there is a likely high risk to the rights and freedoms of natural persons, the affected data subjects without undue delay.
Helpful GDPR Resources
Here are some links to GDPR resources which we will continue to update as regulatory authorities issue additional guidelines.