The Data Protection Act 1998 (DPA) has been undergoing reform by
way of the EU General Data Protection Regulation (GPDR), due to
take effect in May 2018.
The GDPR will introduce some significant changes, for example
data processors will become subject to its provisions. The GDPR
would also introduce enhanced data subjects' rights, such as
the right to be forgotten and the right to data portability –
which organisations will have to observe by way of new policies,
processes and procedures. The sting in the tail is that the GDPR
will introduce heavy penalties of up to 4% worldwide annual
turnover, or €20,000,000, for organisations that fail to
comply. Following the recent EU Referendum result, the GDPR will
apply in the UK if it has not exited Europe by May 2018, and
appears likely to apply at least in part once the UK leaves the
Operators in the property sector will be affected by the change
in the law where they hold information about living individuals,
whether employees, contractors or tenants. In particular, property
managers who may have been deemed outside the scope of the DPA in
the past, by virtue of their status as a 'data processor'
will have to comply with the GDPR, and risk heavy penalties where
they fail to do so. We have been working closely with a wide range
of clients, ascertaining their 'GDPR Readiness' and have
developed some innovative solutions to help organisations avoid the
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.
The fourth and final part of our mini-series on the draft ICO guidance on Consent, published on 2 March 2017, focuses on the practical impact the GDPR (General Data Protection Regulation) will have on how your organisation records and manages consent.
In light of the much anticipated ICO draft GDPR (the General Data Protection Regulation) Consent Guidance being published yesterday, 2 March 2017, we will be running a mini-series on the guidelines under consultation and the impact the GDPR will have on the much vexed position of consent and the impact on your business.
The first of our four discussions on the ICO guidelines for Consent will focus on the meaning of consent under the GDPR (General Data Protection Regulation) and how this change enhances the previous law on consent to data processing.
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).