General Data Protection Regulation [GDPR]
Glossary of Terms and Definitions in relation to GDPR
Binding Corporate Rules (BCRs)- a set of binding rules put in place to allow multinational companies and organisations to transfer personal data that they control from the EU to their affiliates outside the EU (but within the organisation)
Biometric Data – any personal data relating to the physical, physiological, or behavioral characteristics of an individual which allows their unique identification
Consent- freely given, specific, informed and explicit consent by statement or action signifying agreement to the processing of their personal data
Data Concerning Health – any personal data related to the physical or mental health of an individual or the provision of health services to them
Data Controller – the entity that determines the purposes, conditions and means of the processing of personal data
Data Erasure – also known as the Right to be Forgotten, it entitles the data subject to have the data controller erase his/her personal data, cease further dissemination of the data, and potentially have third parties cease processing of the data
Data Portability – the requirement for controllers to provide the data subject with a copy of his or her data in a format that allows for easy use with another controller
Data Processor – the entity that processes data on behalf of the Data Controller
Data Protection Authority – national authorities tasked with the protection of data and privacy as well as monitoring and enforcement of the data protection regulations within the Union
Data Protection Officer – an expert on data privacy who works independently to ensure that an entity is adhering to the policies and procedures set forth in the GDPR
Data Subject – a natural person whose personal data is processed by a controller or processor
Delegated Acts – non-legislative acts enacted in order to supplement existing legislation and provide criteria or clarity
Derogation – an exemption from a law
Directive – a legislative act that sets out a goal that all EU countries must achieve through their own national laws
Encrypted Data – personal data that is protected through technological measures to ensure that the data is only accessible/readable by those with specified access
Enterprise – any entity engaged in economic activity, regardless of legal form, including persons, partnerships, associations, etc.
Filing System – any specific set of personal data that is accessible according to specific criteria, or able to be queried
Genetic Data – data concerning the characteristics of an individual which are inherited or acquired which give unique information about the health or physiology of the individual
Group of Undertakings – a controlling undertaking and its controlled undertakings
Main Establishment – the place within the Union that the main decisions surrounding data processing are made; with regard to the processor
Personal Data – any information related to a natural person or ‘Data Subject’, that can be used to directly or indirectly identify the person
Personal Data Breach – a breach of security leading to the accidental or unlawful access to, destruction, misuse, etc. of personal data
Privacy by Design – a principle that calls for the inclusion of data protection from the onset of the designing of systems, rather than an addition
Privacy Impact Assessment – a tool used to identify and reduce the privacy risks of entities by analysing the personal data that are processed and the policies in place to protect the data
Processing – any operation performed on personal data, whether or not by automated means, including collection, use, recording, etc.
Profiling – any automated processing of personal data intended to evaluate, analyse, or predict data subject behavior
Pseudonymisation – the processing of personal data such that it can no longer be attributed to a single data subject without the use of additional data, so long as said additional data stays separate to ensure non-attribution
Recipient – entity to which the personal data are disclosed
Regulation – a binding legislative act that must be applied in its entirety across the Union
Representative – any person in the Union explicitly designated by the controller to be addressed by the supervisory authorities
Right to be Forgotten – also known as Data Erasure, it entitles the data subject to have the data controller erase his/her personal data, cease further dissemination of the data, and potentially have third parties cease processing of the data
Right to Access – also known as Subject Access Right, it entitles the data subject to have access to and information about the personal data that a controller has concerning them
Subject Access Right – also known as the Right to Access, it entitles the data subject to have access to and information about the personal data that a controller has concerning them
Supervisory Authority – a public authority which is established by a member state in accordance with article 46
Trilogues – informal negotiations between the European Commission, the European Parliament, and the Council of the European Union usually held following the first readings of proposed legislation in order to more quickly agree to a compromise text to be adopted.
The EU’s new comprehensive regulation, the General Data Protection Regulation (GDPR), came into effect as of the 25th May, 2018. With a rather immediate impact, GDPR changes the relationship between data and its users. Specifically, GDPR has an enormous impact on the rights and responsibilities of both employers and employees regarding data protection and data privacy.
Employers (referred to generally as “Data Controllers” by GDPR) have increased responsibilities in how they deal with the personal information they collect from their customers and employees. The main principle of the GDPR is that personal data can only be sourced and stored under strict conditions and for a legitimate purpose. Data Controllers can only hold what they need, and only if it fits within strict, specific conditions. It contains specific elements such as a right to be forgotten, as well as a data breach notification requirement. Failing to comply with the standards set by GDPR has drastic consequences – up to €20 million or 4% of global turnover.
Individuals such as employees and customers (referred to as “Data Subjects” by GDPR) now have the “right to be forgotten.” This deals largely with the erasure of personal data and its use: consent has to be active, rather than passive, and the Data Subjects are able to have their data destroyed.
“Failing to comply with the standards set by GDPR has drastic consequences – up to €20 million or 4% of global turnover.”
Furthermore, particularly to the concerns of businesses, Data Controllers are held to a higher standard of security. Now, the status quo is no longer passable. Instead, businesses and Data Controllers are held to the highest levels of security—even then, this might not suffice.
You can learn more about GDPR here.
To combat the drastically changed regulations in data security, The HR Company has partnered with CSR to help employers understand and comply with GDPR standards. Meeting GDPR can be quite costly (from thousands to even millions of company money), but through our service, you can become GDPR compliant for €50, or even less. The CSR Readiness Pro Edition is available to companies currently subscribed to our HR service for an additional discount and also to those who are not. The CSR Readiness suite gives your company the ability to secure its data, comply with the new standards, and navigate a potential future data breach. The HR Company and CSR will be with you every step of the journey.
The HR Company also offers free resources for both employers and employees to learn more about GDPR and how it impacts their rights and responsibilities, as well as answers to many frequently asked questions.