Therefore, it will not only be European organisations that need to comply. So be warned - if your business has operations outside the EU which offer goods/services to EU residents, your non-EU operations will also have to comply with the GDPR.
Consent
The GDPR approaches consent more restrictively than the UK Data Protection Act currently does.
• Consent must be freely given on a specific, informed and unambiguous basis.
• Silence, inactivity and pre- ticked boxes are not sufficient.
• Explicit consent will continue to be required for the processing of sensitive personal data.
• Separate consents are required for different processing activities and, importantly, consent must be distinguishable and can’t be bundled with other written agreements.
• The supply of goods and services can’t be conditional on consent to processing where that processing is not necessary for the supply.
The enhanced rights of
data subjects
Data subjects have a number of enhanced rights under the GDPR as follows.
• They have the right to be informed. It is your responsibility to provide information to an individual regarding the processing of their personal data and their individual rights.
• Data subjects have the right of access.
• You will have less time to comply with a request and information must be provided within one month of receipt of the request unless the request is complex, in which case, the period can be extended by two months.
• The right to rectification. Any individual can request that their personal data be rectified where it is inaccurate or incomplete and this must be completed within one month unless the request is complex, in which case, the period can be extended by two months.
• The right to erasure. Any individual has the right to request the deletion or removal of personal data in certain circumstances.
• The right to restrict processing. There are certain circumstances in which an individual can require you to restrict the processing of personal data.
• The right to data portability. In certain circumstances an individual can request you to provide their personal data in a structured, commonly used and machine readable form and transmit this to a third party.
• The right to object. An individual can object to direct marketing. You must inform individuals of their right to object when you first communicate with them and in your privacy notice. For any online services, an individual must be able to object online.
• Rights in relation to automated decision making and profiling. An individual has the right not to be subject to a decision based on automated processing (which can include profiling) where it has a legal effect or a similarly significant effect on the individual.
62 | The Report • December 2017 • Issue 82
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Are we
complaint?
Do internet search for specialist advice?
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