Time's Up! Are you GDPR Compliant ?
On 25 May 2018, the GDPR came into effect across the EU (including Malta) and repealed and replaced the previous Data Protection Directive and the domestic laws implementing it.
What is the GDPR?
The GDPR or ‘General Data Protection Regulation’ (Regulation 2016/679/EU) is a new single EU law dealing with data protection that is intended to do away with the fragmented system that was previously in place and update laws across the EU that have not kept up with the digital age we live in.
On 25 May 2018, as in the case of other EU Member States, the GDPR took effect in Malta. The new Data Protection Act, 2018 (Chapter 586 of the Laws of Malta) has also come into effect. Data controllers and processors had until this date to prepare for the various new, and in some cases, onerous obligations introduced by the GDPR.
Why is the GDPR Receiving so much Attention?
With fines as high as €20,000,000 or 4% of an entity’s total worldwide annual turnover, the EU General Data Protection Regulation introduced a number of rights for data subjects but also a number of obligations that directly impact Maltese and international data controllers and data processors.
Maltese organisations (especially those processing large amounts of personal data) must take all necessary measures to ensure full compliance with this new law and this, as soon as possible.
The countdown to 25 May 2018 has ended. Are you GDPR compliant?
The GDPR at a Glance
✓ Fines up to €20,000,000 or 4% of an entity’s total worldwide annual turnover
✓ Significantly expanded territorial scope
✓ Mandatory data breach notification in certain cases
✓ Mandatory appointment of a Data Protection Officer in certain cases
✓ Data Processors now also directly responsible at law
✓ More stringent consent requirements
✓ Increased level of information to be provided to data subjects
✓ More stringent requirements in controller-processor contracts
✓ Removal of the general notification requirement
✓ New data subject rights
How can Mamo TCV Advocates Help?
Mamo TCV Advocates can help you bring your organisation closer towards GDPR compliance (even now that the law has come into effect). Get in touch with us and feel free to ask one of our data protection experts for a preliminary consultation.