Asked By: Brandon James Date: created: Dec 15 2023

Does GDPR only apply to EU citizens

Answered By: Daniel Richardson Date: created: Dec 17 2023

Final Thoughts – GDPR is specifically designed to protect the personal information of EU citizens and residents. Therefore, it only applies to EU citizens and residents inside the EU. However, it also applies to all companies that process the personal data of EU citizens, regardless of whether or not a company is based in the EU. Osman Husain Osman is the content lead at Enzuzo. He has a background in data privacy management via a two-year role at ExpressVPN and extensive freelance work with cybersecurity and blockchain companies. Osman also holds an MBA from the Toronto Metropolitan University.

Asked By: Aidan Hernandez Date: created: Apr 09 2023

Does GDPR apply to Netherlands

Answered By: Brandon Watson Date: created: Apr 10 2023

GDPR – The (GDPR) has been in effect for the European Union since 25 May 2018. In the Netherlands it is known as ‘privacywet Algemene Verordening Gegevensbescherming’ or AVG. As an entrepreneur, you have obligations when processing personal data due to the GDPR.

Does GDPR apply to everyone?

Yes, the GDPR does apply to individuals. If you process or collect the data of EU residents, you’re required to comply with the GDPR — regardless of whether you’re a business, organization, or individual. However, according to Article 2 of the GDPR, the GDPR does not apply to individuals if they collect personal information as a ” purely personal or household activity,” For example, an individual with an address book with the names and phone numbers of EU residents is not subject to comply with the GDPR.

Does everyone have to comply with GDPR?

The Data Protection Act 2018 controls how your personal information is used by organisations, businesses or the government. The Data Protection Act 2018 is the UK’s implementation of the General Data Protection Regulation (GDPR). Everyone responsible for using personal data has to follow strict rules called ‘data protection principles’. They must make sure the information is:

used fairly, lawfully and transparently used for specified, explicit purposes used in a way that is adequate, relevant and limited to only what is necessary accurate and, where necessary, kept up to date kept for no longer than is necessary handled in a way that ensures appropriate security, including protection against unlawful or unauthorised processing, access, loss, destruction or damage

There is stronger legal protection for more sensitive information, such as:

race ethnic background political opinions religious beliefs trade union membership genetics biometrics (where used for identification) health sex life or orientation

There are separate safeguards for personal data relating to criminal convictions and offences.

Does GDPR protect non EU residents?

Is a Data Protection Impact Assessment always required? – A Data Protection Impact Assessment (DPIA) is used to help determine risks associated with the processing of sensitive personal data, such as data related to health or sexual orientation. The assessment is used as part of the risk identification process, and is only necessary when used for this purpose.

  1. Risks that are identified must be mitigated against.
  2. If no mitigation is apparent then the business or organisation should seek advice from the Data Protection Authority (DPA), before the data is processed.
  3. It’s expected that this sort of situation will be the exception rather than the norm.
  4. Once the GDPR becomes a reality, on 25 May 2018, any business or organisation that is involved in the large scale processing of the personal data of EU citizens will be expected to comply.

There will be some leeway for national authorities to set the level of fines for non-compliance, although it’s expected that there will be liaison between authorities in order to sustain a level of continuity. The maximum possible fine has been set at 20 million Euros, or 4% of annual turnover, whichever is higher.

  1. In reality it’s unlikely that this level of fine will be imposed.
  2. But, no matter what level of fine you could be facing, it’s important that your business or organisation is compliant from the outset.
  3. Lack of compliance is not only potentially damaging financially, it could also damage your reputation.

This type of reputational damage could lead to the loss of customers, and a decrease in revenue. Hopefully, the GDPR frequently asked questions that have been covered in this article have helped you to gain a clearer picture of the GDPR, and how it will affect your business or organisation.

It’s important that you understand the details of the GDPR, and that you ensure that the people within your business also have an understanding about what actions they need to take. GDPR compliance is the responsibility of everyone that is any way connected with the processing of data in a business or organisation.

It’s not just the responsibility of the management team, the Data Protection Officer (DPO) or the IT team. As the General Data Protection Regulations (GDPR) has just become law, there is still some confusion surrounding this legislation. If you are not living in a European Union (EU) country, you may think the GDPR has nothing to do with your personal data.

  1. Am I a citizen of a European Union country not presently living in an EU state? GDPR was created to safeguard the personal data of all EU citizens. Your location does not affect your citizenship.
  2. Am I am individual presently living in an EU country although I am not an EU citizen? If you are residing in an EU country, your right to protection of your personal data collected by EU businesses within the EU country is protected.
  3. Does my company process personal data of any European Union citizen? If you store, process, or transmit data of EU residents then your company must comply with GDPR.
  4. Does my company or do I engage in economic activity? GDPR does not apply to those who process personal data of EU citizens if it is exclusive to household or personal activities. Otherwise, according to Article 4 paragraph 18, you and/or your company must comply with GDPR regulations.

The simple answer to this question is both yes and no. The main purpose of GDPR is to protect the personal data of data subjects—those from whom personal data was collected by a business or an organization. However the mandate of GDPR is to protect the privacy of all European Union (EU) citizens.

  1. So, if we are talking about the personal data of someone of European Union origin, whether they live in an EU State or not, their personal data and rights surrounding that data are protected.
  2. It behoves all companies who collect personal data from an EU citizen to furnish him with information regarding his personal data rights.

If you are under the age of sixteen and an EU citizen or someone living in an EU country, then GDPR requires that companies or organizations wishing to collect your personal data must have your parents’ written and informed consent to process your personal data.

  1. The intent of GDPR is to protect the personal data of all EU citizens.
  2. Thus, if you are a non-EU citizen GDPR does not specifically apply to your data and your data rights.
  3. However if you are a non-EU citizen but presently living in an EU state, your rights are protected concerning data collected by EU companies and organizations.

However, in many instance the personal data information presented by a company to its EU employees and/or clients and/or tradespeople is also being given to it non-EU contacts as well. While you cannot make a request regarding your personal data through GDPR channels, many companies are honouring these requests and processing them for their non-EU employees and clients.

The companies do not want to be seen as discriminating between EU and non-EU citizens. Another scenario would be if your company collects data of a non-EU citizen who is, at the time, living in an EU Member State, then his rights are protected under the GDPR as long as he resides in an EU State. GDPR protects the personal data and the rights of data subjects as long as they are EU citizens, no matter where they are living.

GDPR Article 3 explains that any company in the world that employs or does business with EU citizens must comply with GDPR regulations. So a company that hires or does business with any EU citizen must appoint a Data Controller whose job it is to supervise data collection by Data Processors.

The Data Controller will explain the data protection rights of all EU citizens the company hires or does business with. Many companies are convinced they have not hired or done business with EU citizens. If the company has no locations in EU States but processes data of EU citizens or even non-EU citizens presently living in an EU state then their company must comply with GDPR regulations.

If your company offers goods and/or services to anyone who is an EU citizen or any non-EU citizen who is presently residing in an EU state, then your company must comply with GDPR regulations. Some locations not in EU states are under GDPR jurisdiction because of public international law.

According to GDPR Article 3, if your company collects personal data from anyone inside an EU country, then your company is subject to GDPR rules. So if you are an America citizen living in an EU state then you are protected by GDPR. This is true only if you are living in the EU when data was collected.

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This issue is called ‘extraterritoriality’. Basically, GDPR applies to data transferred outside EU States. So, if an EU citizen requests that their data be transferred electronically to a business in the United States, then the data is protected by all the rights ensured under GDPR.

  • In addition, if an EU citizen is living and working in the United States, then any data collected by an American company or organization is protected by the GDPR regulations.
  • This American company would have to comply with GDPR rules whether it had any locations in such EU States as France or Germany.

Enforcing GDPR non-compliance in non EU States will be complicated but enforceable. Extraterritoriality will apply to websites that collect the data of EU citizens including social media, e-commerce, any online products or services. The easy answer to this is yes.

  • GDPR applies to all businesses of any size.
  • For example; Any company of any size with any number of employees that has a web presence and markets goods and/or services over the Internet will have potential dealings with EU citizens.
  • Thus, that company is affected by GDPR legislation and must comply with GDPR regulations.

Size is not a factor. Nor is the type of business a concern. GDPR demands that all small and medium-sized enterprises to comply. However, there are some exceptions if your company employs fewer than 250 employees. GDPR notes that many small and medium-sized companies do not pose as great a risk to the personal data of EU citizens.

GDPR Article 30 states that companies with fewer than 250 employees do not need to keep processing records unless “the processing it carries out is likely to result in a risk to the rights and freedoms of data subjects, the processing is not occasional, or the processing includes special categories of dataor personal data relating to criminal convictions and offences.” The GDPR applies to any company or organization located in an EU state.

However, it also applies to enterprises that offer goods and services or who monitor the behaviour of any EU client or employee. Any company that processes data of EU citizens, no matter where it is located, is subject to GDPR guidelines and penalties.

  • Human Resources may be the area of your business most affected by GDPR.
  • That department handles all sorts of personal data.
  • Much of it is sensitive.
  • This data, under GDPR guidelines must be processed with specific care, security and transparency.
  • In HR before GDPR less concern existed around what was collected, how it was used, how secure personal data files were, how data was stored and when and how it was erased.

HR now must reconsider collecting of personal data, processing of personal data of its employees, how the data is used, stored and retained. GDPR requires that your company have a designated Data Controller who must provide all data subjects with information about personal data processing.

  • This information must be presented at the time of data collection in a clear, simple, concise, easy-to-understand and transparent manner.
  • HR will also be involved in other new employee duties under GDPR.
  • Data Protection Officers must be appointed by every business that processes data of EU citizens.
  • Data Controllers and Data Processors are also required.

These may not necessarily be new hires. These duties could be assigned to existing employees but a clear outline of their duties and remuneration for such must be handled by Human Resources. The duties of Data Protection Officers are outlined by GDPR article 37.

They apply to companies that do significant systemic monitoring and/or processing of sensitive personal data. Moreover, data subjects must be informed of their rights regarding that personal data. They must have access to their data file. They have the right to request changes, modifications, additions, corrections and deletions.

They have the right to request that their file be transferred electronically to another business. They have the right to request their file be erased. Your HR department is obligated to inform all EU citizens about their personal data file. Your company must also have a process for receiving data subject requests and for dealing with these.

  • Employee consent has changed under GDPR.
  • Regulations state that consent must be “freely give, specific, informed and unambiguous.” GDPR clearly states that entering an employee contract must not hinge on employee consent to personal data processing.
  • GDPR regulations state: ” If for any reason you cannot offer people a genuine choice over how you use their data, consent will not be an appropriate basis for processing.

This may be the case if, for example, you are in a position of power over the individual – for example if you are a public authority or an employer processing employee data.” Data may be collected electronically. It may also be organized in data sets.

Profiling of data may occur in your department. This information must be given to all EU citizens who are employed by your company. Employees or candidates for hiring must be asked for their consent to collect, use, store and erase personal data. Processing personal data is allowed under GDPR only to the extent it is used for the original purpose for which it was collected.

If the data is to be used for a different purpose later on, a new consent form outlining the repurposing of this data must be signed by the employee. Data Controllers have the responsibility for ensuring that only that personal data necessary for a stated and agreed-upon purpose is processed.

  • GDPR states that data collected, used, and stored must be “adequate, relevant and limited to what is necessary in relation to the purposes for which they are processed”.
  • HR must collect only enough data for their stated purpose and also has a responsibility to ensure personal data is correct and current.

Any data that is inaccurate or outdated should be deleted or modified. Moreover, your company’s Data Controller must take “every reasonable step” to comply with this GDPR principle. HR can no longer retain personal data files when they no longer require the personal data for its stated reason for collection.

Under GDPR guidelines HR should now conduct a regular review of personal data and have a clearly outlined process for removing personal data files from storage and erasing them in a secure and methodical process. Under the new GDPR guidelines personal data must be protected against anyone who is not unauthorized to access it.

Personal data of EU citizens must be protected from being using appropriately—i.e., for a purpose not stated at the time of its collection. Your company’s Data Controller must look critically at the present level of security to ensure it is adequate to provide these protections.

  1. Moreover, security measures must be checked regularly to ensure they remain appropriate.
  2. If a breach in personal data occurs, HR and your Data Controller need to have a clear process for analyzing these breaches and for reporting them to GDPR authorities if they are deemed reportable.
  3. High profile data breaches of HR data can be extremely serious to your company not just in severe fines but also in professional embarrassment and bad image for the company.

Your company must demonstrate GDPR compliance. Self-reporting procedures must be in place. All employees need to be aware of GDPR rules and how the company complies with these regulations. HR teams must understand the complexities of GDPR and the implications for the company in general and HR specifically.

HR needs to give the document a thorough reading and review its present policies of collecting, using, storing and deleting data. A good first step is to examine current data protection policies and practices when it comes to safeguarding employee personal data, contracts, HR handbooks and employment policies.

Next HR should ensure full transparency concerning what is collected, processed and retained. HR should ensure they have employee consent for all personal data collections. This consent needs to be signed and stored. HR should note that present employee consent form is unlikely to be acceptable under GDPR.

Does GDPR apply to residents or citizens?

– Unlike industry-specific regulations such as HIPAA Compliance and GLBA Compliance, the GDPR is a generalized regulation for data privacy. Hence, GDPR applies to all companies, both public & private, that collect and/or process the personal data of EU citizens as well as residents. Specifically, a US-based company is subject to the GDPR if they meet any of the following criteria:

The company collects and processes EU citizens’ data The rights, freedoms, and security of EU citizens’ data may be at risk The company processes special data category information like racial, sexual orientation, ethnic origins, and health status

Is the GDPR in the EU or Europe?

What is the GDPR? Europe’s new data privacy and security law includes hundreds of pages’ worth of new requirements for organizations around the world. This GDPR overview will help you understand the law and determine what parts of it apply to you. The General Data Protection Regulation (GDPR) is the toughest privacy and security law in the world.

Though it was drafted and passed by the European Union (EU), it imposes obligations onto organizations anywhere, so long as they target or collect data related to people in the EU. The regulation was put into effect on May 25, 2018. The GDPR will levy harsh fines against those who violate its privacy and security standards, with penalties reaching into the tens of millions of euros.

With the GDPR, Europe is signaling its firm stance on data privacy and security at a time when more people are entrusting their personal data with cloud services and breaches are a daily occurrence. The regulation itself is large, far-reaching, and fairly light on specifics, making GDPR compliance a daunting prospect, particularly for small and medium-sized enterprises (SMEs).

We created this website to serve as a resource for SME owners and managers to address specific challenges they may face. While it is not a substitute for legal advice, it may help you to understand where to focus your GDPR compliance efforts. We also offer tips on privacy tools and how to mitigate risks.

As the GDPR continues to be interpreted, we’ll keep you up to date on evolving best practices. If you’ve found this page — “what is the GDPR?” — chances are you’re looking for a crash course. Maybe you haven’t even found the document itself yet (tip: here’s the full regulation ).

Asked By: Steven Lewis Date: created: Jan 15 2024

Is GDPR mandatory in Europe

Answered By: Jaden Sanchez Date: created: Jan 16 2024

Companies that collect data on citizens in European Union (EU) countriesl need to comply with strict new rules around protecting customer data. The General Data Protection Regulation (GDPR) sets a new standard for consumer rights regarding their data, but companies will be challenged as they put systems and processes in place to maintain compliance.

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Compliance will cause some concerns and new expectations of security teams. For example, the GDPR takes a wide view of what constitutes personal identification information. Companies will need the same level of protection for things like an individual’s IP address or cookie data as they do for name, address and Social Security number.

The GDPR leaves much to interpretation. It says that companies must provide a “reasonable” level of protection for personal data, for example, but does not define what constitutes “reasonable.” This gives the GDPR governing body a lot of leeway when it comes to assessing fines for data breaches and non-compliance.

Time is running out to meet the deadline, so CSO has compiled what any business needs to know about the GDPR, along with advice for meeting its requirements. Many of the requirements do not relate directly to information security, but the processes and system changes needed to comply could affect existing security systems and protocols.

The European Parliament adopted the GDPR in April 2016, replacing an outdated data protection directive from 1995. It carries provisions that require businesses to protect the personal data and privacy of EU citizens for transactions that occur within EU member states.

  1. The GDPR also regulates the exportation of personal data outside the EU.
  2. The provisions are consistent across all 28 EU member states, which means that companies have just one standard to meet within the EU.
  3. However, that standard is quite high and will require most companies to make a large investment to meet and to administer.

The short answer to that question is public concern over privacy. Europe in general has long had more stringent rules around how companies use the personal data of its citizens. The GDPR replaces the EU’s Data Protection Directive, which went into effect in 1995.

  • This was well before the internet became the online business hub that it is today.
  • Consequently, the directive is outdated and does not address many ways in which data is stored, collected and transferred today.
  • How real is the public concern over privacy? It is significant and it grows with every new high-profile data breach.

According to the RSA Data Privacy & Security Report, for which RSA surveyed 7,500 consumers in France, Germany, Italy, the UK and the U.S., 80% of consumers said lost banking and financial data is a top concern. Lost security information (e.g., passwords) and identity information (e.g., passports or driving license) was cited as a concern of 76% of the respondents.

An alarming statistic for companies that deal with consumer data is the 62% of the respondents to the RSA report who say they would blame the company for their lost data in the event of a breach, not the hacker. The report’s authors concluded that, “As consumers become better informed, they expect more transparency and responsiveness from the stewards of their data.” Lack of trust in how companies treat their personal information has led some consumers to take their own countermeasures.

According to the report, 41% of the respondents said they intentionally falsify data when signing up for services online. Security concerns, a wish to avoid unwanted marketing, or the risk of having their data resold were among their top concerns. The report also shows that consumers will not easily forgive a company once a breach exposing their personal data occurs.

Basic identity information such as name, address and ID numbers Web data such as location, IP address, cookie data and RFID tags Health and genetic data Biometric data Racial or ethnic data Political opinions Sexual orientation

Any company that stores or processes personal information about EU citizens within EU states must comply with the GDPR, even if they do not have a business presence within the EU. Specific criteria for companies required to comply are:

A presence in an EU country. No presence in the EU, but it processes personal data of European residents. More than 250 employees. Fewer than 250 employees but its data-processing impacts the rights and freedoms of data subjects, is not occasional, or includes certain types of sensitive personal data. That effectively means almost all companies. A PwC survey showed that 92% of U.S. companies consider GDPR a top data protection priority.

A new survey conducted by Propeller Insights and sponsored by Netsparker Ltd. asked executives which industries would be most affected by GDPR. Most (53%) saw the technology sector being most impacted followed by online retailers (45%), software companies (44%), financial services (37%), online services/SaaS (34%), and retail/consumer packaged goods (33%).

What countries are subject to the EU GDPR?

The GDPR covers all the European Union member states: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden.

Asked By: George Cooper Date: created: Jul 13 2023

Can GDPR store data outside EU

Answered By: Devin Hall Date: created: Jul 16 2023

Storage of data outside the EU | Read how it works Storage of data outside the EU is forbidden by the GDPR, however – no rules without exceptions e.g.:

Personal data about air passengers are shared more liberally, e.g. shared with the US and Australia.

If the country in question is a so-called safe third country., and it includes (as of May 2018) amongst others Andorra, Faroe Islands, Schweitz, New Zealand, and Uruguay. But not the United States of America.

On July 16th, 2020, the Court of Justice of the European Union () ruled the “Schrems II” case regarding the international transfers of personal data from the EU to the US (and other third countries). This ruling invalidated the Privacy Shield as an accepted measure for transferring personal data between the EU and the US. The remaining legal means for transferring data e.g. to the US is then through the EU SCC (Standard Contractual Clauses). The services we use, which were on the Privacy Shield listing have been changed or incorporated the SCC into their (new) DPA.

We have reached out to all third-party services we use and made sure we agreed on this and have the lawful right to still transfer data.

As for the practical implications for us, you might know that we use Zendesk for our support. You might know that Zendesk is an American registered company and they store data outside the EU. Previously the legal reason was Privacy Shield; now the, : Storage of data outside the EU | Read how it works

Does GDPR apply to all businesses?

The business implications of GDPR – This new data protection regulation puts the consumer in the driver’s seat, and the task of complying with this regulation falls upon businesses and organizations. Otherwise, you’re failing to comply. What falls under GDPR compliance? Well, GDPR applies to all businesses and organizations established in the EU, regardless of whether the data processing takes place in the EU or not,

  • Even non-EU established organizations will be subject to GDPR.
  • If your business offers goods and/ or services to citizens in the EU, then it’s subject to GDPR.
  • All organizations and companies that work with personal data should appoint a data protection officer or data controller who is in charge of GDPR compliance.

There are tough penalties for those companies and organizations who don’t comply with GDPR fines of up to 4% of annual global revenue or 20 million Euros, whichever is greater. How serious is the EU taking GDPR? Extremely seriously, For example, both British Airways and Marriott International are facing eye-watering fines that amount to hundreds of millions or euros for failing to comply.

  • British Airways are facing fines of up to €200 million for a data breach that occurred in September 2018
  • Marriott International are expected to be fined in the region of €99 million for a data breach between 2014 and 2018

Now, many people might think that the GDPR is just an IT issue, but that is the furthest from the truth. It has broad-sweeping implications for the whole company, including the way companies handle marketing and sales activities,

Asked By: Rodrigo Davis Date: created: Nov 12 2023

Does GDPR apply to private groups

Answered By: Juan Clark Date: created: Nov 15 2023

What is the difference between data processors and data controllers and what does it have to do with small clubs and societies? – Understanding what the terms data controller and data processor mean is important because each role represents different tasks of the club or society.

Essentially, clubs and societies are the data controllers since they store and process the data of their members. Even if the club hires a third-party provider to help with UK GDPR compliance, the club is still responsible. The club, as the controller, is accountable for the processing’s legality, among other things.

In addition, the data controller must inform the members of the processing and notify the supervisory authorities in the event of a breach. The data processor processes personal data only on behalf of the controller. The data processor is frequently a third-party entity outside the club or society.

What data is not covered by GDPR?

What is personal data? –

The UK GDPR applies to the processing of personal data that is:

wholly or partly by automated means; or the processing other than by automated means of personal data which forms part of, or is intended to form part of, a filing system.

Personal data only includes information relating to natural persons who:

can be identified or who are identifiable, directly from the information in question; or who can be indirectly identified from that information in combination with other information.

Personal data may also include special categories of personal data or criminal conviction and offences data. These are considered to be more sensitive and you may only process them in more limited circumstances. Pseudonymised data can help reduce privacy risks by making it more difficult to identify individuals, but it is still personal data. If personal data can be truly anonymised then the anonymised data is not subject to the UK GDPR. It is important to understand what personal data is in order to understand if the data has been anonymised. Information about a deceased person does not constitute personal data and therefore is not subject to the UK GDPR. Information about companies or public authorities is not personal data. However, information about individuals acting as sole traders, employees, partners and company directors where they are individually identifiable and the information relates to them as an individual may constitute personal data.

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Does GDPR only apply to privacy?

The EU’s GDPR only applies to personal data, which is any piece of information that relates to an identifiable person. It’s crucial for any business with EU consumers to understand this concept for GDPR compliance. – The EU’s General Data Protection Regulation (GDPR) tries to strike a balance between being strong enough to give individuals clear and tangible protection while being flexible enough to allow for the legitimate interests of businesses and the public.

As part of this balancing act, the GDPR goes to great lengths to define what is and is not personal data. If your organization collects, uses, or stores the personal data of people in the EU, then you must comply with the GDPR’s privacy and security requirements or face large fines, (If you’re not sure whether your organization is subject to the GDPR, read our article about companies outside of Europe,) GDPR Article 4, the GDPR gives the following definition for “personal data”: ‘Personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Furthermore, the GDPR only applies to personal data processed in one of two ways:

  • Personal data processed wholly or partly by automated means (or, information in electronic form); and
  • Personal data processed in a non-automated manner which forms part of, or is intended to form part of, a ‘filing system’ (or, written records in a manual filing system).

There is a lot to unpack here, but the first line of the definition contains four elements that are the foundation of determining whether information should be considered as personal data:

  1. “any information”
  2. “relating to”
  3. “an identified or identifiable”
  4. “natural person”

These four elements work together to create the definition of personal data. We will break each one down in the following paragraphs.

What are the 7 principles of GDPR?

Short Summary: –

  • If your company handles personal data, it’s important to understand and comply with the 7 principles of the GDPR.
  • The principles are: Lawfulness, Fairness, and Transparency; Purpose Limitation; Data Minimisation; Accuracy; Storage Limitations; Integrity and Confidentiality; and Accountability.
  • We take you through an example of creating an online newsletter to illustrate how each principle works.

What data is not covered by GDPR?

What is personal data? –

The UK GDPR applies to the processing of personal data that is:

wholly or partly by automated means; or the processing other than by automated means of personal data which forms part of, or is intended to form part of, a filing system.

Personal data only includes information relating to natural persons who:

can be identified or who are identifiable, directly from the information in question; or who can be indirectly identified from that information in combination with other information.

Personal data may also include special categories of personal data or criminal conviction and offences data. These are considered to be more sensitive and you may only process them in more limited circumstances. Pseudonymised data can help reduce privacy risks by making it more difficult to identify individuals, but it is still personal data. If personal data can be truly anonymised then the anonymised data is not subject to the UK GDPR. It is important to understand what personal data is in order to understand if the data has been anonymised. Information about a deceased person does not constitute personal data and therefore is not subject to the UK GDPR. Information about companies or public authorities is not personal data. However, information about individuals acting as sole traders, employees, partners and company directors where they are individually identifiable and the information relates to them as an individual may constitute personal data.

Asked By: Ronald James Date: created: Apr 13 2024

Does GDPR apply to private groups

Answered By: Carlos Evans Date: created: Apr 13 2024

What is the difference between data processors and data controllers and what does it have to do with small clubs and societies? – Understanding what the terms data controller and data processor mean is important because each role represents different tasks of the club or society.

Essentially, clubs and societies are the data controllers since they store and process the data of their members. Even if the club hires a third-party provider to help with UK GDPR compliance, the club is still responsible. The club, as the controller, is accountable for the processing’s legality, among other things.

In addition, the data controller must inform the members of the processing and notify the supervisory authorities in the event of a breach. The data processor processes personal data only on behalf of the controller. The data processor is frequently a third-party entity outside the club or society.

What data is prohibited by GDPR?

Art.9 GDPR – Processing of special categories of personal data – General Data Protection Regulation (GDPR)

Processing of personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation shall be prohibited. Paragraph 1 shall not apply if one of the following applies:

the data subject has given explicit consent to the processing of those personal data for one or more specified purposes, except where Union or Member State law provide that the prohibition referred to in paragraph 1 may not be lifted by the data subject; processing is necessary for the purposes of carrying out the obligations and exercising specific rights of the controller or of the data subject in the field of employment and social security and social protection law in so far as it is authorised by Union or Member State law or a collective agreement pursuant to Member State law providing for appropriate safeguards for the fundamental rights and the interests of the data subject; processing is necessary to protect the vital interests of the data subject or of another natural person where the data subject is physically or legally incapable of giving consent; processing is carried out in the course of its legitimate activities with appropriate safeguards by a foundation, association or any other not-for-profit body with a political, philosophical, religious or trade union aim and on condition that the processing relates solely to the members or to former members of the body or to persons who have regular contact with it in connection with its purposes and that the personal data are not disclosed outside that body without the consent of the data subjects; processing relates to personal data which are manifestly made public by the data subject; processing is necessary for the establishment, exercise or defence of legal claims or whenever courts are acting in their judicial capacity; processing is necessary for reasons of substantial public interest, on the basis of Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject; processing is necessary for the purposes of preventive or occupational medicine, for the assessment of the working capacity of the employee, medical diagnosis, the provision of health or social care or treatment or the management of health or social care systems and services on the basis of Union or Member State law or pursuant to contract with a health professional and subject to the conditions and safeguards referred to in paragraph 3; processing is necessary for reasons of public interest in the area of public health, such as protecting against serious cross-border threats to health or ensuring high standards of quality and safety of health care and of medicinal products or medical devices, on the basis of Union or Member State law which provides for suitable and specific measures to safeguard the rights and freedoms of the data subject, in particular professional secrecy; processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes in accordance with (1) based on Union or Member State law which shall be proportionate to the aim pursued, respect the essence of the right to data protection and provide for suitable and specific measures to safeguard the fundamental rights and the interests of the data subject.

Personal data referred to in paragraph 1 may be processed for the purposes referred to in point (h) of paragraph 2 when those data are processed by or under the responsibility of a professional subject to the obligation of professional secrecy under Union or Member State law or rules established by national competent bodies or by another person also subject to an obligation of secrecy under Union or Member State law or rules established by national competent bodies. Member States may maintain or introduce further conditions, including limitations, with regard to the processing of genetic data, biometric data or data concerning health.

: Art.9 GDPR – Processing of special categories of personal data – General Data Protection Regulation (GDPR)