Data protection has become increasingly crucial in today’s era, where it is hailed as the new oil. Enacted laws and regulations, such as the General Data Protection Regulation (GDPR), provide a framework to safeguard personal information. However, comprehending and adhering to these intricate rules can be challenging, particularly for legal professionals working globally.
This blog post aims to break down the GDPR, explaining its relevance, significance, and the implications for non-compliance. We will also provide a GDPR compliance checklist and share real-life instances where things have gone awry, stressing the need for stringent data protection mechanisms.
What is GDPR?
The General Data Protection Regulation, is a legal framework established by the European Union (EU). It sets stringent guidelines for the collection and processing of personal data of individuals within the EU. However, its implications extend far beyond the EU borders. For legal professionals globally, understanding and adhering to it is crucial, as they often manage data related to EU citizens in their practice.
Why is it Important?
The importance of GDPR cannot be overstated, particularly for lawyers operating in a global context. Compliance is not merely a regulatory requirement, but a testament to a firm’s commitment to data protection, which can significantly enhance its reputation.
Non-compliance can lead to severe penalties, with fines reaching up to €20 million or 4% of the firm’s global turnover. According to the International Association of Privacy Professionals, over 80% of companies rank GDPR compliance as a top priority, underlining its significance in the business world.
Moreover, it has influenced data protection laws in many jurisdictions outside the EU globally. Yet, many countries are struggling to comply. The difficulties in compliance with GDPR reflect a broader trend, with many anticipating the introduction of stringent regulations mirroring GDPR in the Asia-Pacific region. This could potentially lead to a privacy arms race amongst countries and geographies.
Does GDPR Apply to Non-EU Citizens?
Yes, it applies to non-EU citizens under certain circumstances. The regulation is designed to protect the personal data of individuals within the EU, but its scope extends beyond EU borders. It applies to any organisation, anywhere in the world, that processes the personal data of individuals in the EU. This includes non-EU citizens who are in the EU at the time of data collection.
For lawyers globally, this means that if they are handling data related to any individual—EU citizen or not—located within the EU, they must comply with it. This could be relevant in a range of scenarios, such as providing legal services to non-EU citizens residing in the EU, or dealing with a case involving an EU-based business that holds data on non-EU citizens.
In essence, the nationality or citizenship of the individual is not the determining factor for GDPR application. Instead, it’s the location of the individual at the time of data processing and the location of the data processing itself that matters. This underscores the broad reach of GDPR and its role as a global standard in data protection.
GDPR Compliance Checklist
A compliance GDPR checklist is a tool used by organisations to ensure they meet the requirements of the General Data Protection Regulation. It’s a roadmap guiding firms through the necessary steps to achieve and maintain compliance with GDPR. For lawyers in Australia this checklist is an invaluable resource when advising clients or ensuring their own firms’ practices align with GDPR standards.
The checklist includes items such as:
- Understanding the types of data your organisation processes and ensuring it’s necessary and minimal.
- Implementing appropriate data protection measures and regularly reviewing their effectiveness.
- Ensuring consent is obtained where required, and that it meets GDPR’s standards.
- Establishing procedures for data subject rights, such as data access, rectification, and erasure.
- Conducting Data Protection Impact Assessments for high-risk processing activities.
- Appointing a Data Protection Officer if required.
- Ensuring data breach notification procedures are in place.
Real Life Examples
GDPR’s impact is worldwide. Compliance failures have sparked legal battles globally.
Company in the Spotlight: Marriott International’s GDPR Misstep
In one of the most high-profile cases, global hotel chain Marriott International fell foul of GDPR regulations. The company suffered a massive data breach, exposing the personal data of a staggering 339 million guests.
The UK’s Information Commissioner’s Office (ICO) charged Marriott under GDPR for not securing customer data. Marriott received an £18.4 million fine, reminding businesses of GDPR’s costly consequences. The fine was reduced from £99 million due to Marriott’s cooperation and COVID-19. It warns global businesses to prioritise strong data protection.
GDPR is not just a legal obligation, but a testament to an organisation’s commitment to data protection. Understanding and complying with its guidelines is pivotal for legal professionals worldwide. While the task may seem challenging, with a systematic approach and a comprehensive GDPR compliance checklist, it is entirely manageable.
As the digital landscape continues to evolve, embracing GDPR compliance is not just a legal necessity but a strategic imperative for businesses worldwide, ensuring they can confidently navigate the complexities of data protection in today’s interconnected world.
Ensure you’re on the forefront of GDPR and data privacy law with a free demo from Practical Law.