Sometimes the division between Data Processors and Data Controllers is not simple. Where more than one entity has control in determining the processing requirements, there can be multiple Data Controllers. This situation can lead to “Joint Controllers” which needs to be managed carefully. To recap: the Data Controller determines the purposes for which and the manner in which personal data […]
There is a certain amount of confusion around Ireland about DPOs after GDPR came into force. In 95% of cases we tell Irish Organisations that they don’t need one. How do we come to that conclusion? It is worth stepping back for a moment and think about what GDPR says about the requirement for DPOs: The Law Article 37(1) of the […]
The General Data Protection Regulation (2016/679), imposes clear requirements controlling the appointment of data processors by data controllers. One of these is a requirement prescribing various matters which must be stipulated in a written contract (Article 28). As and from 25 May 2018 all agreements between Data Controllers and Data Processors need to meet these new GDPR requirements. This is a major change for many organisations, […]
Many people ask us how long they should store data for to be GDPR compliant. The very brief answer from the EU is: You must store data for the shortest time possible. This phrase “shortest possible”, while certainly punchy is sadly imprecise. This article attempts to shine some light on what it really means. Public accountability […]
Article 6 of Regulation 2016/679, the General Data Protection Regulation (hereafter: GDPR). sets the conditions for a lawful personal data processing and describes the six and only six, lawful bases for personal data processing, only one of which is consent. It is important to note that one of these six bases must be established prior to processing for each specific purpose. Generally, consent can only […]
Ireland is fortunate in having a thriving voluntary sector. A sector which between employment, sport, caring and entertainment touches the lives of almost every citizen on the island of Ireland. Possibly retaining personal data on every citizen on the Island of Ireland. Every city, town and parish in the country has sports clubs and schools […]
When confronted with the looming deadline of May 2018 for GDPR compliance there are five big questions any organisation should ask. Who deals with personal data in your organisation? Individuals or departments whichever is appropriate. What data do you gather across organisation? list it out there may be repetition which can be rationalised later. Why is the data collected or processed? Different users may have […]
In order to vindicate data subjects’ rights, the GDPR defines two new roles for organisations Data Controllers and Data Processors. This post will outline the roles and obligations for both under the GDPR. Controller or processor Controllers are those who determine the purposes and means of processing personal data. Processors are those engaged in processing personal data on behalf of controllers. To decide of […]
General Data Protection Regulation or GDPR imposes new and arduous burdens on business and other organisations across Europe from May 2018. Behaviours will have to change and companies have to make sure they are ready for the deadline or face fines up to 20 M euro. This primer summarises some aspects of the GDPR which […]