The GDPR, or General Data Protection Regulation (2016/679), is a unifying update to European Union law that will apply directly to the processing of all personal data in the Union on May 25, 2018. Prior to that date, the law of privacy in the E.U. has been governed by Member State laws passed under the E.U. Privacy Directive (95/46/EC), which had Country Email List considerable variation among them. You, as a marketer, are probably hearing more and more about the GDPR because violations can carry enormous fines that can impact even the largest multinational conglomerates and the law can apply to data processing even when it doesn’t occur Country Email List in the E.U. Although stringent rules around the stewardship of personal data are not new in the E.U., the GDPR includes significant differences that are driving a global sea change in the practices, products, and agreements that relate to the handling of personal data.
In this blog, you’ll find the six most significant changes that the GDPR will bring to help you develop a more cohesive strategy for your organization. Penalties One of the largest Country Email List changes under the GDPR is that organizations in breach of GDPR can be fined up to 4% of annual global revenue or €20 Million (whichever is greater). This is the maximum fine that can be imposed for the most serious combinations of infringements, e.g., not having sufficient customer consent to process Country Email List data, not having a Privacy by Design process, or failing to report a data breach. It is important to note that these rules apply to both controllers and processors—which means that ‘cloud’ processors are not exempt. Extra-Territorial Scope Unlike the previous Directive, whose territorial applicability was Country Email List ambiguous, and which applied to personal data processing “in the context of an establishment,” the GDPR is clear that it will apply to all processing of personal data “in the Union” (regardless of citizenship).
Even when processing does not take place “in the Union,” the GDPR applies to organizations that have “establishments” in the Union, or who offer goods and services to people in the E.U (whether or not Country Email List a purchase is made or required). It also applies to the monitoring of behavior in the E.U. Businesses Country Email List that do not have establishments in the E.U., but who process the data of E.U. citizens will also have to appoint a representative in the E.U. Consent Consent for the processing of personal data is required any time another legal basis for processing hasn’t been decided upon and recorded by the organization. “Legalese” is out. When consent for processing is required, organizations can’t hide behind words with special legal meanings.
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