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The regulation applies if the data controller (an organization that collects data from EU residents) or processor (an organization that processes data on behalf of data controller e.g. cloud service providers) or the data subject (person) is based in the EU. Furthermore the regulation also applies to organizations based outside the European Union if they collect or process personal data of EU residents. According to the European Commission “personal data is any information relating to an individual, whether it relates to his or her private, professional or public life. It can be anything from a name, a home address, a photo, an email address, bank details, posts on social networking websites, medical information, or a computer’s IP address.
The regulation does not purport to apply to the processing of personal data for national security activities or law enforcement within the European Union; however, industry groups concerned about facing a potential conflict of laws have questioned whether Article 48 of the GDPR could be invoked to seek to prevent a data controller subject to a third country’s laws from complying with a legal order from that country’s law enforcement, judicial, or national security authorities to disclose to such authorities the personal data of an EU person, regardless of whether the data resides inside or outside the EU. Article 48 states that any judgment of a court or tribunal and any decision of an administrative authority of a third country requiring a controller or processor to transfer or disclose personal data may only be recognized or enforceable in any manner if based on an international agreement, such as a mutual legal assistance treaty in force between the requesting third (non-EU) country and the Union or a Member State, The data protection reform package also includes a separate Data Protection Directive for the police and criminal justice sector that provides rules on personal data exchanges at national, European and international level.
The GDPR is a regulation which intend to strengthen and unify the data protection for all individuals within the European Union and this is done by the European Parliament, the council of European Union and European Commission. It addresses the export of personal data outside the EU. Data helps businesses differentiate themselves and thus represents a competitive edge. But concerns have been growing over the way enterprises use consumer data for marketing, as current regulations do not offer any control to them. Thus, GDPR was born with more stringent and prescriptive compliance challenges, backed by fines of up to four per cent of a company’s annual global revenue. Other stringent rules include those pertaining to data breach reporting, appointment of mandatory Data Protection Officer, and citizens’ right to be forgotten in the digital realm among others.
GDPR (General Data Protection Regulation) aims to give control back to citizen and resident over their personal data and to simplify the regulatory environment for international business by unifying the reflection with the EU. This regulation was adopted by a European Parliament on 27th April,2016. GDPR specifies how consumer data should be used and protected. It applies to everyone involved in processing data about individuals in the context of selling goods and services to the citizen in the EU, regardless of whether the organization is located within the EU. The EU’s GDPR is designed to “harmonise” data privacy laws across Europe as well as give greater protection and rights to individuals. Within the GDPR there are large changes for the public as well as businesses and bodies that handle personal information.
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