Do you know what to look for in a world of complex and overlapping data privacy and security regulations? Our step-by-step process for understanding today's compliance environment can help.
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Canada's Anti-Spam Legislation (CASL) is a federal statute that is applicable to all businesses in Canada. It is intended to regulate all commercial electronic messages and applies to all commercial emails received or sent in Canada including: one-to-one or one-to-many, business-to-business, business-to-consumer, and employees using work email for personal or commercial activities.
For information about CASL, go to fightspam.gc.ca/eic/site/030.nsf/eng/home
Who does the GDPR affect?
The GDPR not only applies to organizations located within the E.U. but it will also apply to organizations located outside of the E.U. if they offer goods or services to, or monitor the behaviour of, E.U. data subjects. It applies to all companies processing and holding the personal data of data subjects residing in the European Union, regardless of the company’s location.
What constitutes personal data?
Any information related to a natural person or ‘Data Subject’, that can be used to directly or indirectly identify the person. It can be anything from a name, a photo, an email address, bank details, posts on social networking websites, medical information, or a computer IP address.
What is the difference between a data processor and a data controller?
A controller is the entity that determines the purposes, conditions and means of the processing of personal data, while the processor is an entity which processes personal data on behalf of the controller.
How does the GDPR affect policy surrounding data breaches?
Proposed regulations surrounding data breaches primarily relate to the notification policies of companies that have been breached. Data breaches which may pose a risk to individuals must be notified to the DPA within 72 hours and to affected individuals without undue delay.
Does my business need to appoint a Data Protection Officer (DPO)?
DPOs must be appointed in the case of: (a) public authorities, (b) organizations that engage in large scale systematic monitoring, or (c) organizations that engage in large scale processing of sensitive personal data (Art. 37). If your organization doesn’t fall into one of these categories, then you do not need to appoint a DPO.
What are the penalties for non-compliance?
Organizations can be fined up to 4% of annual global turnover for breaching GDPR or €20 Million. This is the maximum fine that can be imposed for the most serious infringements e.g. not having sufficient customer consent to process data or violating the core of Privacy by Design concepts. There is a tiered approach to fines e.g. a company can be fined 2% for not having their records in order (article 28), not notifying the supervising authority and data subject about a breach or not conducting impact assessment. It is important to note that these rules apply to both controllers and processors -- meaning 'clouds' will not be exempt from GDPR enforcement.