Cyprus: GDPR: What Do You Need To Know

In May 2018 the European Union will adopt up-to-date rules for personal data processing implemented by General Data Protection Regulation (ЕС 2016/67 of 27 April, 2016) ("GDPR"). The above Regulation, which comes into direct effect in all 28 Member States of the EU will replace the Directive of the European Parliament and of the Council of 24 October, 1995 on the protection of individuals with regard to processing of personal data and on the free movement of such data (Directive 95/46/EC).

Although the objectives of Directive 95/46/EC will remain in force, it should be noted that it was unable to prevent legal uncertainty and remove sufficient risks with respect to protection of the personal data of individuals. In addition, differences in levels of personal data protection and processing in the various Member States constitute an obstacle for performing economic activities in the EU. All the above features have raised the necessity to adopt the new EU data protection directive.

GDPR will take effect on 25 May, 2018. An important peculiarity of the Regulation is the extraterritorial effect throughout the EU and beyond. In other words, the effect of GDPR is not limited by the EU's borders but extends to all commercial entities which deal with personal data of EU citizens and residents (hereinafter – "EU citizens") wherever such entities may be incorporated or perform their activities. The main goal of GDPR is to guarantee protection of EU citizens without reference to the place of processing and storage of such data.

Which entities will GDPR apply to?

The Regulation shall be applied to three categories of entities:

  • Entities which were established within the EU and process the personal data of EU citizens or control such processing within its activities irrespective of the processing of such data.
  • Other entities which collect and process the personal data of EU citizens in connection with the sale of its goods and services. There must be an express option for EU citizens to purchase related services and goods, which entail an option to choose one of the European languages, or direct indication of EU citizens on the web-site, or an option to accept payments in EU currencies or use targeted advertising aimed at EU citizens. Online shops and services which perform delivery of services and goods to the territory of the EU will definitely fall within this category of entities.
  • Other entities which monitor the conduct of EU citizens. Such monitoring includes "tracking" of their "behavior" on the Internet for all purposes (for instance, in order to complete "social portraits" to study and forecast their consumer choices).

What does personal data under GDPR guidance include?

Personal data includes any information related to an individual. According to GDPR "personal data" means any information relating to an identified or identifiable individual person ("data subject"); an identifiable individual 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 individual person (par. 1 art.4). The definition is obviously extended, and it should be stressed that it even includes the IP addresses of individuals.

It shall be noted that GDPR provides special types of personal data classified as special and confidential personal data referred to racial or ethnic origin, political opinion, personal medical details, genetic and biometrical data, religious or philosophical beliefs and participation in labour union organizations, sex life and sexual orientation. Collection and processing of this type of data is generally prohibited with some exceptions explicitly set out by GDPR rules. For instance, the processing of the above-mentioned data if the approval for these actions was expressly given by the data subject for one or more specified purposes; when processing is required for protection of vital interests of the data subject or another individual where the data subject is physically or legally incapable of giving the appropriate related consent; processing is required by 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, etc. The full list may be found in Article 9 of GDPR.

Which key changes to the policy of the personal data protection were implemented with adoption of GDPR?

1. Extension of rights of data subjects.

GDPR significantly extends the rights of data subjects (i.e. EU citizens and residents) as to control of their own personal data. European customers have a right to request the confirmation of their personal data processing and information with respect to the place and purpose of such processing and to which third parties the personal data will be disclosed; period of processing; to clarify the source of obtainment of personal data and require to amend them; to require the termination of such processing, etc.

GDPR also provides the right to erasure ("right to be forgotten"), which means that personal data shall in some circumstances be erased without undue delay in order to prevent their disclosure and distribution at the request of the data subject (for instance, when such data is no longer necessary in relation to the purposes for which it was collected or otherwise processed; or personal data was unlawfully processed, etc.)

The right to data portability is a novelty implemented by GDPR to policy on personal data processing. This right allows individuals to obtain and reuse their personal data across different services (to move, copy or transfer personal data from one company to another in a secure and safe way).

2. Implementation of strict penalties for breach of GDPR requirements (GDPR fines).

Such penalties shall in each case be "effective, proportionate and dissuasive" and are applied in addition to (or instead of) other measures as envisaged by GDPR.

  • The first level of administrative fines is an amount of up to 10 000 000 EUR, or in the case of an undertaking, up to 2% of total worldwide annual turnover of the preceding financial year (whichever is higher) will be applied in case of breach of obligations of the controller and the processor pursuant to Articles 8, 11, 25 to 39 and 42 and 43 (for instance, in case of breach of the responsibilities of a data protection officer or in case of breach of conditions applicable to a child's consent).
  • The second level of administrative fines in an amount of up to 20 000 000 EUR, or in the case of an undertaking, up to 4% of the total worldwide annual turnover of the preceding financial year (whichever is higher) will be applied in case of breach of basic GDPR principles for processing, including conditions for consent, pursuant to Articles 5, 6, 7 and 9; data subjects' rights pursuant to Articles 12 to 22; infringement of transfers of personal data to a recipient in a third country or an international organization pursuant to Articles 44 to 49,

3. Extension of the "consent" concept

GDPR sets out strict rules with respect to obtainment of consent to personal data processing. Such consent shall be expressed as a direct confirmation by making an active choice. The consent will not be recognised as appropriate where a customer was unable to make a choice or to revoke its consent, or if such consent has a form of implied assent or inactivity. An option to give or revoke consent must be easily found on the web-site of the provider of goods or services.

Other amendments include the necessity of appointment of data protection officers in some particular cases; reporting requirements; intended use of personal data etc.

Please take into account that the above-mentioned information serves exclusively as a general overview of European data protection legal requirements implemented by the new 2018 Data Protection Regulation. Our firm will provide you with appropriate legal advice and assist you in complying with the requirements set out by data protection legislation of Cyprus in general and applicable EU directives in particular.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions