Firstly, digital archives are not exempt from GDPR. ... However, the practice of archiving and retaining this information in the long term – such as for decades or longer – is not, by itself, GDPR non-compliant . For one thing, there are no minimum or maximum periods for data retention specified in GDPR.
Does GDPR apply to old data?
A number of people have asked whether the GDPR (General Data Protection Regulation) applies to data breaches that occurred before 25 May 2018 but were discovered after that date. The short answer appears to be yes , but, as ever, it’s not entirely clear.
Does GDPR apply to backups?
Unfortunately, the GDPR does not address personal data in backups with regard to the right to erasure. There is not an exception or a “safe harbor” that allows an organization to maintain a backup when they have received a valid request to erase. ... It is not easy nor practical to remove a single record from the backups.
Does GDPR apply to data stored in EU?
The GDPR applies if: your company processes personal data and is based in the EU , regardless of where the actual data processing takes place.
How far back does GDPR go?
The GDPR is now recognised as law across the EU. Member States have two years to ensure that it is fully implementable in their countries by May 2018. The timeline below contains key dates and events in the data protection reform process from 1995 to 2018.
Are there exceptions to the right to be forgotten?
There are several exceptions to RTBF: The data should be available because of freedom of information or expression . ... The data is of importance to public health. The data should be archived for public interest because it is significant to scientific or historical research.
What are GDPR rules?
GDPR’s seven principles are: lawfulness, fairness and transparency; purpose limitation; data minimisation; accuracy; storage limitation; integrity and confidentiality (security); and accountability. In reality, only one of these principles – accountability – is new to data protection rules.
What data does GDPR apply to?
The EU’s GDPR only applies to personal data , which is any piece of information that relates to an identifiable person. It’s crucial for any business with EU consumers to understand this concept for GDPR compliance.
What are the 7 principles of GDPR?
- Lawfulness, fairness and transparency.
- Purpose limitation.
- Data minimisation.
- Accuracy.
- Storage limitation.
- Integrity and confidentiality (security)
- Accountability.
What personal data does GDPR include that the old Data Protection Act 1998 did not include?
One change is that the GDPR includes genetic data and some biometric data in the definition. Another is that it does not include personal data relating to criminal offences and convictions , as there are separate and specific safeguards for this type of data in Article 10.
Does GDPR apply to non EU data subjects?
Does GDPR Apply to non-European Union Citizens? The intent of GDPR is to protect the personal data of all EU citizens. Thus, if you are a non-EU citizen GDPR does not specifically apply to your data and your data rights .
Which countries does GDPR apply to?
The GDPR covers all the European Union member states: Austria, Belgium, Bulgaria , Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden.
Can you transfer data outside the EU according to GDPR?
The GDPR imposes restrictions on the transfer of personal data outside the European Union, to third-party countries or international organisations, to ensure that the level of protection of individuals afforded by the GDPR is not undermined.
What is the maximum GDPR fine?
The UK GDPR and DPA 2018 set a maximum fine of £17.5 million or 4% of annual global turnover – whichever is greater – for infringements. Th EU GDPR sets a maximum fine of €20 million (about £18 million) or 4% of annual global turnover – whichever is greater – for infringements.
What does GDPR say about data retention?
GDPR does not specify retention periods for personal data . Instead, it states that personal data may only be kept in a form that permits identification of the individual for no longer than is necessary for the purposes for which it was processed.
What does GDPR mean in simple terms?
The General Data Protection Regulation (GDPR) is a legal framework that sets guidelines for the collection and processing of personal information from individuals who live in the European Union (EU).
