Data Privacy

A general guide to GDPR and its impact within and outside the EU

Do’s and don’ts for every business that deals with Data Privacy

The introduction of the General Data Protection Regulation in 2018 marked a significant milestone in the evolution of data protection law. In overhauling the 1995 Data Protection Directive, the GDPR made far reaching changes which increased the compliance burden on organisations and strengthened the rights of individuals.

The effects of the GDPR have been felt far beyond the European Union and the European Economic Area. Not only has the GDPR served to “raise the bar” for privacy legislation globally but its extra-territorial reach has meant that organisations outside the EU/EEA cannot afford to ignore its requirements. This is all the more so when the consequences of non-compliance can result in significant fines, compensation claims by individuals and material damage to an organisation’s reputation.

This guide provides an introduction to the GDPR and general information on complimentary national laws which have been adopted by many EU Member States. It goes on to consider significant cases that have come before EU national courts and fines which have been imposed by EU national data protection regulators. Needless to say, the approaches adopted can differ markedly from one Member State to another and important lessons have been learned along the way.

This guide goes on to highlight data privacy laws that have been adopted in a number of other jurisdictions, including the UK, the US, China and India. Brexit has, of course, added a layer of complexity with the UK having adopted its own, essentially similar, “UK GDPR”. Many other jurisdictions have been heavily influenced by the GDPR when implementing new, or updating existing, data privacy laws. In a world where international transfers of data take on ever greater significance, the extent to which other countries’ data protection laws provide for comparable safeguards to the GDPR cannot not be overlooked.

We hope this guide is of assistance. Please do not hesitate to contact any of the experts listed if you would like to know more.

Do you need advice on Data Privacy, please contact our member in your jurisdiction.